Case Details

Citation(s)
2003 SLG 1038 2003 SLD 1038 2003 SCMR 1797
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 312-L of 2003, decided on 10th February, 2003. (On appeal from the judgment dated 14-1-2003 of the Lahore High Court, Lahore, passed in S.A.O. No. 62 of 2001)
TANVIR AHMED KHAN AND FAQIR MUHAMMAD KHOKHAR, JJ
Amir Alam Khan and Ras Tariq Chaudhary, Advocates Supreme Court with Wallayat Omar, Advocate-on-Record for Petitioner. Pervaiz Inayat Malik, Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for
Respondent

Ch. SHAHBAZ BABAR

VS

Mrs. REHMANA MIRZA

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Bona fide personal need of landlady for her husband---Eviction order passed by Rent Controller was maintained by High Court---Validity---Leave to appeal was granted by Supreme Court to consider, whether in view of deliberate omission of word 'husband' in S.13 of Punjab Urban Rent Restriction Ordinance, 1959, the eviction order could be passed for the benefit of the husband. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 14-1-2003 whereby a learned Single Judge of the Lahore High Court, Lahore, dismissed S.A.O. No.62 of 2001 filed by the petitioner and maintained the earlier orders of eviction passed against him. 2. Learned counsel for the petitioner has argued that the respondent lady never claimed the disputed property for her own personal use or the use of her children and the Courts below have rendered the eviction orders totally in violation of the provisions of section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as the Ordinance), without appreciating the evidence of the parties brought on record in its true perspective. To substantiate this stance, learned counsel has made…
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