KHUSHI MUHAMMAD vs Mst. MEHRUNNISA and another
This matter arises from a petition for leave to appeal directed against an order of the Lahore High Court upholding an ejectment order passed against the petitioner. The respondent landlady filed an ejectment application against the petitioner under the relevant rent restriction law, which was initially dismissed by the Rent Controller but subsequently allowed in appeal by the Additional District Judge, directing the petitioner's eviction. The petitioner challenged this decision through a constitutional petition, which was dismissed by the High Court. The core legal question concerned the establishment of the relationship of landlord and tenant, particularly regarding the petitioner's possession under an agreement with a third party holding a power of attorney from the original allottee. The Supreme Court held that no interference was warranted as the lower appellate court's findings were examined in detail and the petitioner failed to place the supporting power of attorney on record, alongside evidence of a Panchayat where the petitioner agreed to vacate the premises. The petition was accordingly dismissed.
- Whether an ejectment order passed by an appellate authority under rent laws can be interfered with in constitutional jurisdiction when the relationship of landlord and tenant is disputed?
- Does an agreement with a holder of an irrevocable power of attorney from an original allottee suffice to deny the relationship of landlord and tenant without producing the said power of attorney?
- Section 13, Rent Restriction Ordinance 1959
' ABDUL SHAKURUL SALAM, J.---This is a petition for leave to appeal against an order of a learned Judge of the Lahore High Court passed in Writ Petition No,6301 of 1991, dated 4-11-1991.
1. Relevant facts are that the respondent/landlady filed an application for ejectment against the petitioner from a house under section 13 of the Rent Restriction Ordinance, 1959. The application was rejected by the learned Rent Controller on 2-10-1988. But her appeal was accepted by the learned Additional District Judge, Faisalabad who directed the ejectment of the petitioner vide order, dated 5-6-1991. The petitioner filed a Constitution petition which was dismissed as stated above on 4-11-1991.
2. Learned counsel for the petitioner has contended that no relationship of landlord and tenant was established between the parties. The petitioner had come into possession under an agreement with one Arif Shahzad in whose favour irrevocable power of attorney was executed by the original allottee Ghulam Mustafa Shah.
3. The power of attorney in favour of Arif Shehzad was not placed on record. Reference was also made to a Punchayat in which the petitioner agreed to vacate the house. The order of the learned Additional District Judge directing the ejectment of the petitioner was examined in great detail by the learned Judge of the Lahore High Court who declined to interfere in the order. No good ground has been shown for interference by this Court. The petition is, therefore, dismissed.
Cited by 1 case
- ABDULJILLANI vs Mst. JEENAT BI 1999 MLD 3331