2005 PLD 455 SUPREME-COURT

Full text

Mst. NASEEM FATIMA through Legal Heirs VS Sheikh ALA-UD-DIN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Execution of eviction order---Predecessor-in-interest of the landlords purchased the premises from predecessor-in-interest of tenants through registered sale-deed---After the sale of the premises, the tenants remained in possession of the premises as tenants through rent deed--¬Tenants dragged the landlords in different civil litigations and failed twice up to the level of Supreme Court---Effect---There were concurrent findings of three Courts against the tenants essentially, involving the questions of fact; as such the same was itself sufficient for Supreme Court not to show indulgence---Same principle was applicable to High Court as well which declined to interfere with the concurrent findings of fact arrived at by the two Courts below, not cursorily but by discussing all the pros and cons of the case in the light of available record---Present case was such where the tenants had unjustifiably dragged the litigation to such an extent that the landlords could neither receive rent nor enjoy .the possession of the property since 24-9-1967 despite having purchased the same from a rightful owner through a registered deed---Supreme Court declined to interfere with the judgment passed by High Court and burdened the tenants with heavy costs---Leave to appeal was refused.