1989 SCMR 851 SUPREME-COURT

Full text

MUHAMMAD FAZIL VS MUHAMMAD SHARAF-UD-DIN Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ---S.17--Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenants--Two brothers occupying twin shops as tenants, proceeded against for eviction-Applications for eviction dismissed as also appeals of landlord--Landlord's Constitutional petitions were, however, accepted and cases were remanded--In remand, case against petitioner tenant was decided in respondent-landlord's favour--Tenant's Constitutional petition against eviction order failed in second round of litigation--High Court's dismissal order proceeded on the ground that ejectment order passed against occupant of twin shops having not been challenged had become final--In the event of acceptance of Constitutional petition, execution of order of eviction of that shop which had since been amalgamated with petitioner's shop would become impossible and that order would remain suspended till final decision regarding disputed shop--Petitioner's pleas that ejectment order against occupant of twin shops had not yet become final and his objection to jur