1991 SCMR 432 SUPREME-COURT

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GHULAM MUSTAFA VS MUHAMMADI BEGUM 1989 SCMR 913, Constitution of Pakistan 1973--185 , ----S. 13---Constitution of Pakistan (1973), Art-185(3) ---Ejectment of tenant for reconstruction of property---Rent Controller, in first round of litigation, rejected ejectment application while Appellate Court set aside order of Rent Controller'and allowed landlord's application---High Court in Constitutional jurisdiction remanded case to Appellate Court which again ordered ejectment of tenant--High Court, in second round of litigation dismissed tenant's Constitutional petition against his eviction order---Leave to appeal---Tenant had denied relationship of landlord and tenant on the ground that he having purchased one-fourth share of property was a co-owner and thus not amenable to eviction---Plea of non-existence of relationship of tenancy was not pressed by tenant in first round of litigation in view of his admission that he had executed rent deed and was paying rent to landlady---Reference to the contents of written reply to ejectment petition, would show that payment of rent to landlady stands admitted---Tenant's case squarely fell within the ambit of law declared by Supreme Court in Nazir Ahmad's case reported as 1989 SCMR 913---No justification thus existed to allow petitioner to hang on the property from which he was sought to be ejected through application, a quarter of a century back and which application had already been allowed by competent Appellate Authority and that order after full hearing had been upheld by High Court---Leave to appeal refused in circumstances.