Syed TASADDAQ HUSSAIN vs JAFFAR KHAN And Other
This matter originated as a petition for leave to appeal against a judgment of the Lahore High Court, which had dismissed a constitutional petition filed by the petitioner. The petitioner, claiming to be the landlord of the property in dispute, had challenged the concurrent findings of the Rent Controller and the appellate court, which refused to recognize the respondents as the petitioner's tenants on the basis that the property in question was classified as evacuee trust property. The core legal question before the Supreme Court concerned the status, nature, and character of the property in dispute. Upon review, the Supreme Court noted that the same legal issue regarding the character of the petitioner's property was already pending adjudication in another matter, specifically Civil Petition No. 1063 of 1979, where leave to appeal had previously been granted. Finding that the resolution of the status of the property was essential to both cases, the Court held that it was appropriate to grant leave to appeal in the present petition and directed that both appeals be heard together to ensure consistent adjudication.
- Does the classification of property as evacuee trust property preclude a landlord-tenant relationship under rent laws?
- Should separate petitions involving the same legal question regarding property status be consolidated for hearing?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 11-10-1983 of the Lahore High Court; whereby a Constitutional petition, filed by the petitioner claiming to be the landlord in respect of the property in dispute against refusal of the learned Rent Controller and appellate Court to treat the respondents Nos. 1 to 3 as petitioner's tenants, on account of their finding, that the property was evacuee trust property, was dismissed.
2. One controversy involved in this petition, amongst other questions, is regarding the status of the property in dispute.
3. Learned counsel has brought to our notice an order passed by this Court on 10-2-1980 in a Civil Petition No. 1063 of 1979 (Muhammad Amin v . Eyed Tassaduq Hussain Shah and another); whereby leave to appeal was granted to Muhammad Amin another alleged tenant of the petitioner for examination of the same question, namely, the nature and character of the property owned by the petitioner. Learned counsel contends that this question in any case is going to be resolved by the Supreme Court in the other petition, therefore, the present is a fit case for leave to appeal.
4. There is force in this contention. We accordingly grant leave to appeal in this petition. Both the appeals arising out of these two petitions are, it is directed, to be heard together.
5. Security for costs in this case is Rs.2,500.