| Citation(s) |
|---|
| 1991 SLD 1706 = 1991 CLC 1420 |
Lahore High Court
Writ Petition No.6612 of 1989, decided on 27th March, 1991.
Presented By: Before Malik Muhammad Qayyum, J
Abdul Sattar Zahid for Petitioners. Waqar Arif Khan for
Respondents Nos.l to 5. Nemo for
Respondents Nos.6 and 7.
Writ Petition No.6612 of 1989, decided on 27th March, 1991.
Presented By: Before Malik Muhammad Qayyum, J
Abdul Sattar Zahid for Petitioners. Waqar Arif Khan for
Respondents Nos.l to 5. Nemo for
Respondents Nos.6 and 7.
MUHAMMAD SALEEM and 4 others---Petitioners
VERSUS
HASNAIN AHMAD and others---Respondents
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13(3) (ii)
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13 (3) (ii)---Personal bona fide requirement of landlord in respect of shop in dispute was denied by tenant contending that landlord apart from shop in question, owned other shops also which were lynig vacant---Two Courts below on basis of evidence on record concurrently concluded that shops other than shop in dispute were not owned by landlord, but by his step-brother---Tenant having failed to produce any document to prove otherwise, concurrent findings of Courts below based on evidence on record, could not be interfered with. Abdul Sattar Zahid for Petitioners. Waqar Arif Khan for Respondents Nos.l to 5. Nemo for Respondents Nos.6 and 7. Date of hearing: 27th March, 1991. JUDGMENT On 18th February, 1985 respondents Nos.l to 5 filed on application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 seeking eviction of the petitioners from Shop No.2 Property No.2 Main Bazar Mustafa Abad, Lahore on the grounds of non-payment of rent, damage to the property and personal use of respondent No.l. The Rent Controller vide his order, dated 3rd October, 1987 decided the grounds of default and damage to the property in favour of the petitioners but directed their eviction holding that the shop was required by respondent No.l bona fide and in good faith for their use. The appeal of the petitioners before the Additional District Judge, Lahore having been dismissed on 2nd of October, 1989, he has now filed this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. Sh. Abdul Sattar Zahid, Advocate has contended that it is proved on the record that apart from the shop in question, respondents also own other shops which were lying vacant, and therefore, the two…