1993 SCMR 141 SUPREME-COURT

Full text

MUHAMMAD YOUNIS VS MUQADAM SULTAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Constitution of Pakistan (1973), Art.185(3)---Imposition of compensatory costs---eviction of tenant---Order of eviction against tenant (petitioner) was maintained. up to Supreme Court---Landlady having died during execution proceedings tenant filing application objecting to execution proceedings on the ground that he had entered into compromise with heirs of deceased by advancing them money---Petitioner (tenant) however, failed to produce heirs of deceased landlady in support of his application resulting in dismissal of same---Petitioner, thereafter, went up to Supreme Court in second round but failed---Supreme Court while refusing to grant leave to petitioner, found that frivolous attempts to create hurdles in the execution of decrees by judgment-debtors must be checked and to achieve that end would initiate taxing judgment-debtors with reasonable compensatory costs to make up the losses suffered by decree-holders---Decree-holders having been kept deprived of the use of property and judgment-debtor (petitioner) having enjoyed substantial earnings on account of use of such property for a long time to which he was not legally entitled, petitioner was ordered to pay compensatory costs of Rs. fifty thousand (50,000) to decree-holders.