| Citation(s) |
|---|
| 1980 SLD 3199 = 1980 CLC 1223 |
Lahore High Court
Second Appeal from Original Order No. 412 of 1979, decided on 11th November, 1979.
Presented By: Muhammad 1lyas, J
Syed Muhammad Ali and another v. Jamil Ahmed P L D 1976 Kar. 820 ; Mst. Sardar Begum v. Gulfaraz Khan P L D 1967 Pesh. 176 and Muhammad Umer and another v. Dr. Amina Ashrof P L D 1977 Kar. 305 ref. Raja Said Akbar Khan for Appellant. Kh. Muhammad Farooq for
Respondents Nos. 1 and 2. Nemo for
Respondents Nos. 3 and 4.
Second Appeal from Original Order No. 412 of 1979, decided on 11th November, 1979.
Presented By: Muhammad 1lyas, J
Syed Muhammad Ali and another v. Jamil Ahmed P L D 1976 Kar. 820 ; Mst. Sardar Begum v. Gulfaraz Khan P L D 1967 Pesh. 176 and Muhammad Umer and another v. Dr. Amina Ashrof P L D 1977 Kar. 305 ref. Raja Said Akbar Khan for Appellant. Kh. Muhammad Farooq for
Respondents Nos. 1 and 2. Nemo for
Respondents Nos. 3 and 4.
ZAHOOR AHMED QURESHI--Appellant
VERSUS
Syed IJAZ ALI RIZVI Ew.-Respondents
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13, 15
Law: Civil Procedure Code (V of 1908)
Section: O. XXII, r. 10
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) Ss. 13 & 15 read with Civil Procedure Code (V of 1908), O. XXII, r. 10--Appeal against composite order-Landlord selling shop during pendency of ejectment proceedings-Grounds of eject ment being personal need and subletting-Transferee applying for substitution of his name in place of previous landlord-Dismissal of such application and main ejectment application by one and same order, held, appealable. Muhammad Umer and another v. Dr. Amina Ashraf P L D 1977 Kar. 305 lef. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13-Ejectment proceedings-Continuance by successor-in interest-Landlord taking out ejectment proceedings against tenant on ground, not personal to him-Successor-in-interest, held, can prosecute such proceedings -Ground of subletting, held further, not personal. Date of hearing : 11th November, 1979. JUDGMENT The facts giving rise to this second appeal are that respondent No. 1, Syed Ijaz Ali Rizvi filed an application,. under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, hereinafter referred to as the Ordinance, for ejectment of. the appellant Zahur Ahmad Qureshi and respondents Nos. 3 and 4, Abdul Majid and another from a shop on the ground that respondents Nos. 3 and 4 had sub-let the shop to the appellant and that he needed the shop for his own occupation. The application was still pending when Ijaz Ali Rizvi sold the shop to . respon dent No. 2, Mst. Surraya Jabeen. On this, she made provision from being substituted for respondent Ijaz Ali Rizvi as applicant in the ejectment proceedings. Her petition in this behalf was, however, rejected by the Rent Controller by order, dated 19th November, 1978, on the ground that…