| Citation(s) |
|---|
| 1981 SLG 3213 = 1981 SLD 3213 = 1981 SCMR 711 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 404 of 1979, decided on 28th May, 1979. (On appeal from the judgment and order of the Lahore High Court dated 9-4-1979 in S. A. O. No. 475-70/BWP).
Presented By: Aslam Riaz Hussain and Karam Elahee Chauhan, JJ
M. Afzaal Watto, Advocate with Sh. Abdul Karim, Advocate-on-Record for Petitioners. Nemo for
Respondent.
Civil Petition for Special Leave to Appeal No. 404 of 1979, decided on 28th May, 1979. (On appeal from the judgment and order of the Lahore High Court dated 9-4-1979 in S. A. O. No. 475-70/BWP).
Presented By: Aslam Riaz Hussain and Karam Elahee Chauhan, JJ
M. Afzaal Watto, Advocate with Sh. Abdul Karim, Advocate-on-Record for Petitioners. Nemo for
Respondent.
PHOOL DIN AND ANOTHER-Petitioners
VERSUS
ABDUL MAJID-Respondent
Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
Section: 13(3) (a). (ii)
West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(3) (a). (ii)-Personal requirement-Landlord's father allegedly dying 4/5 years earlier resulting in devolution of some shops by way of inheritance on landlord-Contention that fact of landlord owning some other shops as well would react on finding of bona fide personal need of landlord--Landlord's father having died 4/5 years ago but no such plea as raised at present stage having been raised before High Court where matter remained pending from 1970 to April 1979, case, held, not a fit case for allowing petitioner to raise aforesaid plea and even otherwise fact of bona fide personal requirement having been found to be duly established by Courts below, no ground existed fox grant of leave to appeal - Constitution of Pakistan (1973), Art. 185(3). Date of hearing : 28th May, 1979. ORDER KARAM ELAHEE CHAUHAN, J..--The dispute in this case is about a shop bearing No. 57/1 situated in Haroon Bazar, Bahawalnagar. Abdul Majid, hereinafter called the landlord, filed an application against the present petitioners for their eviction on the ground that he needed the shop for his personal use. The application was rejected by the learned Rent Controller on 29-7-1970. 2. The landlord filed an appeal which was accepted by the learned District Judge on 13-11-1970 and he set aside the order of the learned Rent controller and ordered eviction of the tenants/petitioner. 3. The tenants/petitioners filed a second appeal being S. A. O. No. 475/ 70/BWP, which was dismissed by…