1998 SCMR 349 SUPREME-COURT

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MUHAMMAD SIDDIQUE VS ABDUL RAZZAQ Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973 ----S. 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 30---Constitution of Pakistan (1973), Art. 185(3)---Application for ejectment of tenant---Statutory tenancy---Tenant had denied relationship of landlord and tenant between the parties---Premises in question had been transferred to landlord under Displaced Persons (Compensation and Rehabilitation) Act, 1958 and tenant, being in occupation of premises at the time of transfer of premises, was, thus, statutory tenant of transferee in terms of S.30 of the Act---Tenant had admittedly not paid any rent for many years and moreover, on account of his denial of tenancy, which otherwise under law existed,. rendered himself liable to summary eviction---Tenant having successfully avoided his eviction for number of years, now that substantial justice had been done, he could not be allowed to remain in occupation of premises in question---No interference was warranted with well reasoned order of High Court, for that would amount to allowing to prolong stay of petitioner in premises in question, without paying rent therefore---Leave to appeal was refused in circumstances.