| Case ID |
14947c77-d189-4340-a926-4268e6c62eab |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 707 of 1989 |
| Decision Date |
Aug 01, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the leave to appeal filed by the petitioners against the eviction order passed by the appellate authority. The court held that the order of demarcation, which established the landlord-tenant relationship, could not be challenged before the Rent Controller. The petitioners' claim of being transferees of the disputed property was not sufficient to overturn the established legal relationship based on the demarcation order. Consequently, the appellate authority's decision to evict the petitioners was deemed legal and proper. The Supreme Court reiterated that a Tribunal with restricted jurisdiction cannot adjudicate matters falling under the exclusive jurisdiction of another Tribunal. |
| Summary |
In this case, the petitioners sought leave to appeal against an eviction order issued by the appellate authority. The crux of the dispute revolved around a demarcation order that allocated a portion of a shop to the respondent, establishing a statutory landlord-tenant relationship. The Rent Controller initially dismissed the eviction application, ruling that the relationship could not be substantiated. However, upon appeal, the appellate authority ordered eviction. The petitioners contended that the demarcation was improperly conducted and claimed rights over the property. The Supreme Court, referencing the principles established in Raunaq Ali's case, upheld the legality of the eviction order, emphasizing that the demarcation could not be contested in the Rent Controller's forum. This decision underscores the importance of jurisdictional boundaries in property law and the implications for landlord-tenant relationships under Pakistani law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Shafiur Rahman,
Saad Saood Jan
|
| Lawyers |
Malik Muhammad Nawaz,
Syed Abul Aasim Jaffari,
Zahid Khan,
Rana Maqbool Ahmed Qadri
|
| Petitioners |
Anothers,
Muhammad Iobal
|
| Respondents |
Another,
Additional District Judge
|
| Citations |
1990 SLD 864,
1990 SCMR 957
|
| Other Citations |
PLD 1973 SC 236
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act,
Constitution of Pakistan (1973)
|
| Sections |
2,
185(3)
|