| Citation(s) |
|---|
| 1981 SLG 3270 = 1981 SLD 3270 = 1981 SCMR 557 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 420 of 1979, decided on 22nd December, 1979. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 16-4-1979, in S. A. O. No. 100/79).
Presented By: Asiam Riaz Hussain, Karam Elahee Chauhan and Nasim Hasan Shah, JJ
Zakaur Rahman Khan Lodhi, Advocate Supreme Court and Meraj-url-Din Chaudhry, Advocate-on-Record for Petitioner. Ch. Riyasat Ali, Advocate Supreme Court with Sh. Abdul Karim, Advocate-on-Record for
Respondent.
Civil Petition for Special Leave to Appeal No. 420 of 1979, decided on 22nd December, 1979. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 16-4-1979, in S. A. O. No. 100/79).
Presented By: Asiam Riaz Hussain, Karam Elahee Chauhan and Nasim Hasan Shah, JJ
Zakaur Rahman Khan Lodhi, Advocate Supreme Court and Meraj-url-Din Chaudhry, Advocate-on-Record for Petitioner. Ch. Riyasat Ali, Advocate Supreme Court with Sh. Abdul Karim, Advocate-on-Record for
Respondent.
SABIR HUSSAIN-Petitioner
VERSUS
LT.- Col.. (Retd) MUHAMMAD SHARIF-Respondent
Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
Section: 13(3) (a) (1)
Law: Constitution of Pakistan 1973
Section: 185(3)
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) Read with Constitution of Pakistan (1973), Art. 185 (3)-Point whether house taken by petitioner for residential and commercial purposes could be got vacated only when landlord required it for such composite purposes neither raised before Rent Controller, nor before Additional District Judge or High Court--Leave to appeal refused to consider point, same requiring roving inquiry and recording of detailed evidence (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(3) (a) (1)-Challenge to personal requirement of landlord squarely met by all Courts below and no mistake appearing in such finding nor any misreading of evidence pointed out-Finding of Courts below maintained. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(3) (a) read with S. 15(1)-Contention that landlord obtained possession of other accommodation during pendency of appeal hence case required to be remanded to Rent Controller for re-assessment of whole situation-Accommodation referred to being not suitable for landlord's requirements, case, held, rightly not remanded. Date of hearing : 22nd December, 1979. ORDER KARAM ELAHEE CHAUHAN, J.-The dispute in this case is about a bungalow bearing No. 34-A, situated in Peoples Colony, Lyallpur (now Faisalabad). This bungalow was taken on rent by the petitioner Sabir Hussain from respondent landlord on 18-9-1969. On E-4-1976 the landlord filed an application for eviction of the tenant from the aforesaid bungalow, inter alia on the ground that he needed the same in good faith for his own occupation .and for the residence of his children who were receiving education in colleges in' Lyallpur. The application was accepted by the learned Rent Controller who by his order dated 30-3-1978, directed the…