MRS. ABDUL REHMAN ARAIN vs MEHMOODUL HASAN
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal arising from an ejectment application filed against the widow of a deceased tenant. The core legal question raised is whether an ejectment application against the widow alone is competent without impleading the other heirs of the deceased tenant who are also in possession of the demised premises. The Court granted leave and allowed the petition, holding that the appeal would be heard on the present record with liberty for parties to file additional documents. Furthermore, the Court ordered that the petitioner shall not be evicted from the premises pending the decision of the appeal, subject to the condition that she continues to deposit rent in court in accordance with earlier orders.
- Is an ejectment application competent against only the widow of a deceased tenant when other heirs are in possession of the demised premises?
- Under what conditions can a tenant be protected from eviction pending the hearing of an appeal?
ORDER
1. ABDUL KADIR SHAIKH, J.-It is, inter alia, submitted in support of the~ petition that the ejectment application against the petitioner who is they widow of the deceased tenant was not competent against the other heirs of the deceased tenant who are in possession of the demised premises.
2. Leave is granted and the petition is allowed. Security Rs. 500.
3. The appeal will be heard on the present record but it will be open to the parties to file additional documents, if any.
4. Petitioner shall not be evicted from the demised premises till the appeal is decided provided she deposits rent in Court in terms of the order passed earlier in the case.