| Citation(s) |
|---|
| 1980 SLG 3013 = 1980 SLD 3013 1980 SCMR 29 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. Q-7 of 1978, decided on 6th August 1979. (On appeal from the judgment and order of the High Court of Baluchistan, Quetta in S. A. O. No. 25,/77, passed on 24-5-1977).
Presented By: Muhammad Akram, Muhammad Haleem and Muhammad Afzal Zullah, JJ
Talmiz S. Burney, Advocate Supreme Court instructed by Ahmadullah Faruqi, Advocate-on-Record for Petitioner. S. M. Abbas, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondent No. 2.
Civil Petition for Special Leave to Appeal No. Q-7 of 1978, decided on 6th August 1979. (On appeal from the judgment and order of the High Court of Baluchistan, Quetta in S. A. O. No. 25,/77, passed on 24-5-1977).
Presented By: Muhammad Akram, Muhammad Haleem and Muhammad Afzal Zullah, JJ
Talmiz S. Burney, Advocate Supreme Court instructed by Ahmadullah Faruqi, Advocate-on-Record for Petitioner. S. M. Abbas, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondent No. 2.
MUHAMMAD ALI-Petitioner
VERSUS
Haji ABDUL REHMAN AND OTHERS-Respondents
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 2(c), 13(2) (vi) (5-B)
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 2(c)-V4'ord "landlord" as contained in Rent Ordinance VI of 1959-Very widely defined in Ordinance-Not only owner entitled to receive rent a landlord under Ordinance but person competent to' receive rent on behalf, or for benefit of owner also a landlord.-[Words and phrases]. Luck v. Inland Revenue Commissioner (1963) 1,All E R 655 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(2) (vi) read with Ss. 2(c) & 13 (5-B)-Ejectment-Construction of building-Respondent stating to have been recovering rent from petitioner on behalf of his sons and relying upon necessary sanction for construction of building obtained by his sons (owners of property) in their own names-No contravention of provisions of Ordinance in circumstances spelt out-Petitioner's apprehension of being not protected under S. 13(5-Bl in case of default on part of respondent in erecting building-Held, unfounded and same undoubtedly available to petitioners in case of default. Date of hearing : 6th August 1979. ORDER MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal arises out of the dismissal of the second appeal by a learned Single Judge of the Baluchistan High Court, whereby the order of eviction of the petitioner from `plot of land' passed by the lower appellate Court was upheld. The property in question was taken .on rent by the petitioner through a lease deed dated 17-3-1965. Admittedly it was owned by Abdur Rahim and Abdul Ghafoor sons of Haji Abdur Rehman, respondent No. 1, but the lease deed was signed on their behalf by their father. The owners filed an eviction application against the…