Pakistan Case Law
1988 SCMR 1283

NASIM KHAN Versus RENT CONTROLLER, LAHORE

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Citation1988 SCMR 1283
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.232 of 1985
Date1988-05-14
Judge(s)Muhammad Afzal Zullah and Saad Saood Jan
Authored byMuhammad Afzal Zullah
ResultPetition dismissed

ORDER

MUHAMMAD AFZAL ZULLAH, J.โ€‘โ€‘ This petition for leave to appeal is by a landlord, who challenged certain orders in the High Court in its Writ Jurisdiction, but without any success. He has now sought leave to appeal.

2. It a learned counsel frankly admitted that the findings of fact rendered by the Courts below go against the petitioner and the petitioner has not been found to be landlord of the premises. He has, however, sought an observation that the suit filed by the petitioner in pursuance of the observation of the High Court shall not be prejudiced by the dismissal of this petition. He also half heartedly argued that the High Court, instead of observing that tae petitioner should approach the civil Court, should have directed the respondent No.3 to do the same.

3. We do not agree with the learned counsel. The observation of the High Court is unexceptionable. It is, however, observed that the dismissal of this petition shall not prejudice the civil suit if filed by the petitioner in pursuance of the observations of the High Court.

Leave to appeal is, therefore refused and the petition is, accordingly, dismissed.

M.I./Nโ€‘74/S Petition dismissed.

Cited by 1 case

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