1994 SCMR 2037 SUPREME-COURT

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ABDUL GHANI VS ZAHOOR AHMED West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 -----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Dispute relating to shop---Shop in dispute though not included in the -P.T.O. of petitioner, yet petitioner successfully got ejected tenant therein and got possession thereof--Shop in question was purchased in auction by respondents and they succeeded in getting possession of shop through agency of Civil Court ---Validity--Respondent's prayer in suit when read in conjunction with contents of plaint indicated that petitioner had no right to execute order of eviction in 1967 when it was within his knowledge that shop in question was not included in his P.T.O. and against that finding he lost in all the forums in the Settlement Department and finally his Constitutional petition was dismissed-by High Court in 1965---Petitioner in spite of having lost in all forums continued possession of said shop without entitlement for 25 years and had been rightly burdened with special cost of Rs.5,000 by the High Court---No flaw or legal infirmity in the judgment passed by High Court was pointed out---Leave to appeal was refused in circumstances.