Case Details

Citation(s)
1981 SLG 3022 = 1981 SLD 3022 = 1981 PLD 201
Lahore High Court
S. A. O. No. 722 of 1978, decided on 24th November 1980.
Presented By: A. Rahman, J
Zahid Hussain Khan for Appellant.   Ch. Muhammad Farooq for
Respondents.

MUHAMMAD ASHRAF--Appellant  

VERSUS

  Mst. AZIZAN AND 4 OTHER-Respondents

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13 (3) (a) (i) (a), (il) (a)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)      S. 13 (3) (a) (i) (a), (il) (a)-Expression "for his own occupation" in cl. (i) (a) and expression "for his own use" occurring in el. (ii)(a)Connotation-Landlord may occupy residential building along with his family as expression "for his own occupation" embraces not only his needs but also needs of landlord's family-Law permits landlord to get non-residential building vacated only either for himself or for use of his male children-Order of ejectment passed against a tenant of non-residential premises (shop) on ground of same being required in good faith by landlord for his own use--Held, does not ensure to benefit of landlord's legal representatives after his death.--[Words and phrases]. LINK1 LINK2   Hasan Khan v. Mst. Munawar Begum P L D 1976 Kar. 832 ; Adam All Hasan Ali v. Mst. Rabab Bai P L D 1965 Kar. 408 ; Sh. Muhammad Abbas v. Mst. Khalida Khatun 1979 C L C 660 and Adama!i Hasanall v. hfst. Rabab Bai P L D 1967 Kar. 437 distinguished.     Date of hearing : 2nd November 1980.                                                                                                                     JUDGMENT   This is a Second Appeal against order dated 5-1-1978 passed by the learned Rent Controller, Jauharabad, directing the appellant and Abdus Sattar, respondent No. 5, to deliver the vacant possession of Shop No. 2518 situated in Main Bazar, Jauharabad, to Muhammad Ali, predecessor-in interest of respondents Nos. 1 to 4. This order was affirmed in appeal by the learned District Judge, Sargodha, on 6-11-1978, and the appellant and Abdus Sattar, respondent No. 5, were ordered to deliver the possession of the rented shop to respondents Nos. 1 to 4, as during the pendency of the appeal Muhammad Ali, who had leased out the shop in question to the…
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