Pakistan Case Law
1987 SCMR 1355

FAZAL DIN vs ADDITIONAL DISTRICT JUDGE, GUJRANWALA And Other

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Citation1987 SCMR 1355
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 168 of 1987 Writ Petition No.5456 of 1984
Date1987-05-04
Judge(s)Aslam Riaz Hussain and Saad Saood Jan
Authored bySaad Saood Jan
ResultPetition dismissed
Summary

This petition for special leave to appeal arises from concurrent findings of the Rent Controller and the appellate authority, which established the existence of a landlord-tenant relationship between the respondent, Nasir Abbas, and the petitioner, Fazal Din. The petitioner sought to challenge these findings, which were upheld by the High Court. The core legal question before the Supreme Court was whether the concurrent findings regarding the landlord-tenant relationship warranted interference, particularly in light of parallel litigation pending in the civil court concerning the title of the property. The Supreme Court held that no case for interference was made out, affirming the lower courts' findings. The Court emphasized that the Rent Controller had correctly noted that the petitioner could seek necessary relief in the civil court proceedings if he successfully challenged the document relied upon by the legal heirs of Nasir Abbas to prove the transfer of the house. The judgment reinforces the principle that concurrent findings of fact by lower forums regarding the existence of a tenancy will not be disturbed by the Supreme Court where adequate alternative remedies exist in civil litigation.

Questions settled in this judgment
  • Does the existence of pending civil litigation regarding property title automatically invalidate concurrent findings of a landlord-tenant relationship by a Rent Controller?
  • Will the Supreme Court interfere with concurrent findings of fact made by the Rent Controller and the appellate authority regarding the existence of a tenancy?
landlord and tenantrent controllerconcurrent findingsspecial leave to appealcivil litigationtenancy dispute

ORDER

1. SAAD SAOOD JAN, J.--In this petition for special leave to appeal there are concurrent findings of the Rent Controller and the appellate authority to the effect that relationship of landlord and tenant existed between Nasir Abbas and the petitioner. The High Court very properly declined to interfere with these findings. As regards the litigation pending in the civil Court, the learned Rent Controller has already observed that if the petitioner is able to establish in those proceedings that the document upon which the legal heirs of Nasir Abbas were relying to prove the transfer of the house in their favour, the trial Court would be able to give him the necessary relief. That being the position, we do not think that a case for interference by this Court has been made out. This petition is accordingly dismissed.

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