Ejectment plea dismissed

Published August 22, 2007

LAHORE, Aug 21: A full bench of the Supreme Court on Tuesday dismissed a petition with cost when the petitioner’s lawyer sought relief after avoiding filing a written statement in a trial court.

The bench consisted of Justice Falak Sher, Justice Tassadduq Hussain Jillani and Justice Chaudhry Ijaz Ahmed.

The petitioner, through his lawyer Dr Shaukat, had asked the court to provide him with remedy in an ejection case, which arose after a tenancy dispute.

The lawyer said the trial court had been “unfair” to him because it struck off his right to file a written statement in the case.

Justice Falak Sher asked the lawyer to explain why he did not file a written statement when he was provided with several opportunities to do so. When the lawyer insisted he was discriminated against by the trial court and that he would like to argue the case, the judge warned that his case would be dismissed with cost.

The lawyer said the trial court gave his counterpart more time to file a written reply and that the ejectment petition was allowed without ascertaining the building’s ownership. He said the trial court earlier ordered that the ejection process would be subject to ascertaining building’s ownership, but later allowed the petition to the party, which did not have the ownership.

The court refused to go into the factual controversy and asked the lawyer to explain how many times he was asked to file the statement. The lawyer said six times, and the court dismissed the petition with cost.

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