1991 SCMR 1530 SUPREME-COURT

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ABDUL HAMEED NAZ VS RAZIA BEGUM Constitution of Pakistan 1973--185 , ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Dispute of ownership of premises between petitioners and respondents---Respondents' application for ejectment against petitioners was dismissed by Rent Controller but ejectment order was passed by Appellate Court and sustained by High Court in, Constitutional jurisdiction---Leave to appeal was granted to consider the contention that respondent had himself filed a civil suit to determine the title of disputed property but then withdrew it with permission to file a fresh suit which he did not file; that earlier ejectment application was also withdrawn; that unless the title of property was determined in civil suit, fresh eviction application could not be filed; that there being a serious challenge to the title of respondent, first impression was that unless the title was determined in the Civil Court, ejectment petition could not be filed.