| Citation(s) |
|---|
| 1991 SLD 1834 = 1991 CLC 1781 |
Lahore High Court
Writ Petition No.2135 of 1988, decided on 21st April, 1991.
Presented By: Before Malik Muhammad Qayyum, J
Mushtaq Raj for Petitioner. Nemo for
Respondents Nos.l and 2. Irshad Ahmad Qureshi for
Respondent No.3.-
Writ Petition No.2135 of 1988, decided on 21st April, 1991.
Presented By: Before Malik Muhammad Qayyum, J
Mushtaq Raj for Petitioner. Nemo for
Respondents Nos.l and 2. Irshad Ahmad Qureshi for
Respondent No.3.-
MUHAMMAD SIDDIQUE---Petitioner
VERSUS
DISTRICT JUDGE, GUJRANWALA and 2 others---Respondents
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ----S.13---Constitution of Pakistan (1973), Art.199---Requirement of premises for personal bona fide need of landlord's son---Admission by landlord's witnesses that one or two shops belonging to landlord were lying vacant---Effect---Landlord in his own evidence had explained that shop in question, was situate towards front of the market while other shops lying vacant were on the back side, thus, not suitable for the business of general store which his son intended to establish in shop in question---Additionally landlord had prerogative to select any of his shops for purpose of his personal occupation and he was the best judge of such suitability---Rent Controller and Appellate Court having taken notice of plea raised by tenant with regard to other shops of landlord, and repelling it, finding recorded by them did not suffer from any illegality and arbitrariness, so as to call for interference in Constitutional jurisdiction---Constitutional petition against concurrent finding of fact of Rent Controller and Appellate Court was dismissed in circumstances. Abdul Ghaffar and another v. Muhammad Nazar Ali P L D 1979 Lah. 17; Syed Amjad Ali Shah v. Muhammad Afzal and 3 others P L D 1987 Lah. 280; Sardar Muhammad Asim v. Sh. Allah Dad 1987 S C M R 1778 and Shakir Hussain Chishti v. EA. Breganza P L D 1984 Kar. 141 ref. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment of tenant---Tenant's objection that tenancy between parties being for a fixed period of time which was yet to expire, ejectment application was premature and liable to dismissal ---Ejectment application when filed even though was premature yet the same matured during pendency thereof, before Rent Controller ---Ejectment application was thus competent in circumstances. Mushtaq Raj for Petitioner. Nemo for Respondents Nos.l and 2. Irshad Ahmad Qureshi for Respondent No.3.- Date of hearing: 21st April, 1991. JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 arises out of an application under section 13 of the Punjab Urban Rent…