| Citation(s) |
|---|
| 1972 SLG 267 1972 SLD 267 1972 SCMR 450 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 422 of 1972, decision dated: 6th October 1972
HAMOODUR RAHMAN, C.J, WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
Hamidud Din, Advocate Supreme Court instructed by Abd6l Karim, Advocate- on-Record for Petitioners. Demo for
Respondent.
Civil Petition for Special Leave to Appeal No. 422 of 1972, decision dated: 6th October 1972
HAMOODUR RAHMAN, C.J, WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
Hamidud Din, Advocate Supreme Court instructed by Abd6l Karim, Advocate- on-Record for Petitioners. Demo for
Respondent.
MUHAMMAD ISHAQ AND anothers
VS
MUHAMMAD RAFIQUE--Respondent
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15(3)(a)(ii)-Rent Controller as well as ,first appellate Court finding concurrently that landlord seeking ejectment did not own any other shop and he required disputed shop for his personal use High Court, in second appeal, held, rightly refused to interfere with concurrent finding of fact by Courts below. JUDGMENT SALAHUDDIH AHMED, J. The petitioners are tenants and. Sub tenants while the respondent is the landlord in respect of the disputed shop. The respondent filed an application for ejectment of the petitioners before the Rent Controller, 7helum under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, on the ground of default in payment of rent, subletting and personal use. The Rent Controller held that there was no default but ordered ejectment on the grounds of subletting and personal use. On appeal by the petitioners the -learned District Judge maintained the order of ejectment on the ground of personal -use as well as on the ground of default in payment of rent, having reversed the finding of the Rent Controller on the latter ground. The learned District Judge also reversed the finding on the question of sub-letting and held that there was no sub-letting. The petitioners' second appeal before the High Court at Lahore was dismissed on the ground of concurrent findings of fact on the question of personal use. Ch. Hamiduddin, learned Advocate - appearing for the petitioners has…
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