| Citation(s) |
|---|
| 1981 SLG 3196 = 1981 SLD 3196 = 1981 PLD 491 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 503 of 1979 (in Civil Appeal No. 235 of 1979), decided on 26th May, 1981. (Against the judgment and order of the Lahore High Court. at Lahore, dated 2-6-1979, passed in S. A. O. No. 179 of 1978).
Presented By: Aslam Riaz Hussain and Nasim Hasan Shah, JJ
Petitioner in person with S. M. Chaudhry, Advocate and Abdul Karim. AdvocateonRecord. Malik Muhammad Nawaz, Advocate Supreme Court and Tunvir Ahmad, AdvocateonRecord for
Respondents Nos. 1 and 2.
Respondents Nos. 3 to 6 : Ex parte.
Civil Petition for Special Leave to Appeal No. 503 of 1979 (in Civil Appeal No. 235 of 1979), decided on 26th May, 1981. (Against the judgment and order of the Lahore High Court. at Lahore, dated 2-6-1979, passed in S. A. O. No. 179 of 1978).
Presented By: Aslam Riaz Hussain and Nasim Hasan Shah, JJ
Petitioner in person with S. M. Chaudhry, Advocate and Abdul Karim. AdvocateonRecord. Malik Muhammad Nawaz, Advocate Supreme Court and Tunvir Ahmad, AdvocateonRecord for
Respondents Nos. 1 and 2.
Respondents Nos. 3 to 6 : Ex parte.
Ch. MUHAMMAD ANWAR SIPRA-Petitioner
VERSUS
Malik MUHAMMAD DIN ETc.-Respondents
Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
Section: 13(2)(ti) (b)
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(2)(ti) (b)EvictionPremises mentioned in lease deed as a houseLease deed though silent about use to which house intended to be put, yet considering fact of same having been mentioned in lease deed as a house and also for reason of premises having consisted of first and second floor of building, premises in question, held, evidently leased out on condition of its being used for residential purposes Appellant by putting it to a different use by converting part of same into a lawyer's office, held further, evidently infringed first part of cl. (b) of S. 13(2)(ii)Appellant, held further, could also be deemed to have infringed one of conditions on which he evidently took house on lease, i.e. to use it for his residence and as such also guilty of contravention of second portion of cl. (b) of S. 13(2)(ii) and there fore liable to ejectment. Link (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(2) (ii)(b)EvictionLease deed not containing any clause permitting tenant to make any construction on building without landlord's consent, construction made by tenant without permission of landlord, held, would therefore be against written agreement. Link Dates of hearing : 17th and 18th May, 1981: ORDER ASLAM RIAZ HUSSAIN, J.This appeal is directed against the judgment of the Lahore High Court accepting the respondents' ' S. A. O. in a rent matter. 2. The facts leading to the present appeal, briefly, are that Ch. Muhammad Anwar Sipra, took on lease the first and the second flours of a house in Lahore from Mst. Saeeda Zahoor Fatima, the owner of the house. Lease Deed (Exh. AW3/1) was executed between them on 1061970. 3. According to, the appellant, who is an Advocate, 'he started residing in the said premises alongwith his family and…