Pakistan Case Law
1985 SCMR 1603

GAJETAN PINTO vs Dr. (Mrs.) SHIRIN

⭐ Prefer in Google
Citation1985 SCMR 1603
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 3-K of 1985 F.R.A. No.910 of 1984
Date1985-01-21
Judge(s)Abdul Kadir Shaikh and M.S.H. Quraishi
Authored byM.S.H. Quraishi
ResultLeave refused
Summary

This matter concerns an ejectment proceeding initiated by the respondent against a third party, wherein the petitioner sought to be impleaded as a necessary party, claiming to be the actual tenant of the premises and asserting that he had been regularly paying rent to the respondent. The trial court dismissed the petitioner's application for impleadment, finding that he was not a tenant and lacked the necessary locus standi to participate in the proceedings. Subsequently, an ejectment order was passed against the original respondent. The petitioner challenged both the dismissal of his impleadment application and the ejectment order before the High Court, which dismissed his appeal due to a lack of cogent or satisfactory evidence establishing his tenancy. Upon review, the Supreme Court of Pakistan affirmed the concurrent findings of the lower courts regarding the factual dispute over tenancy. The Court held that it would not interfere with concurrent findings of fact where no evidence supports the petitioner's claim, thereby upholding the dismissal of the petition.

Questions settled in this judgment
  • Can a third party be impleaded in ejectment proceedings if they fail to provide satisfactory evidence of their tenancy?
  • Will the Supreme Court interfere with concurrent findings of fact made by lower courts regarding tenancy status?
ejectment proceedingsimpleadmentlocus standitenantconcurrent findings of factlandlord-tenant dispute

ORDER

M.S.H. QURAISHI, J.--In an ejectment proceeding instituted by the respondent Dr. Mrs. Shirin against one Qazi Azmat Ali the petitioner applied for impleadment on the ground that he was the tenant of the respondent and that he had been regularly paying rent to her. The application was, however, dismissed on 26-8-1984 for the reason that he was not a tenant and had otherwise no locus standi to join the proceedings as a necessary party. On 27-8-1984 an ejectment order was passed in the case. The petitioner came to the High Court in appeal against both orders but the appeal was dismissed for the reason that there was no cogent or satisfactory evidence to establish that the petitioner was a tenant in respect of the premises in question.

2. After hearing learned counsel for the petitioner we feel satisfied that no case is made out for interference with the concurrent decisions of the Courts below on a question of fact. The petition is dismissed.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.