Case Details

Citation(s)
1980 SLG 589 1980 SLD 589 1980 PLD 125
Lahore High Court
Second Appeal From Original Order No. 226 of 1979, decided on 14th November 1979. DATE of hearing : 21st October 1979
MUHAMMAD ILYAS, J
Hamid Ali Khan Sherwani for Appellant. Muhammad Anwar Sipra for
Respondent

MUHAMMAD ZAHIR KHAN--Appellant

VS

Ch. SHAH MUHAMMAD--Respondent

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- - S. 13(3)(ii)(a)-Personal requirement-Plea that landlord would live alongwith his grandchildren not supported by evidence-House in dispute, held, not needed for personal occupation of landlord. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- 5. 13(3)(i) (a)-Words and phrases-"Children"-Grandchildren, held, not included in term "children"-Children ordinarily means children in first degree-Term "child" used in S.. 13(3)(i)(a) means sons and daughters of landlord-[Shorter Oxford Dictionary, 3rd Edn., p. 301 dissented from].-[Words and phrases]. As regards the term "child" used in paragraph (a) of sub-clause (i) of clause (a) of subsection k3) of section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 it has also been used. with reference to parentage. Therefore, it means the sons and daughters of the landlord. There is nothing in the context to suggest that the said term was intended to apply to the entire progeny of the landlord. Shorter Oxford Dictionary, 3rd Edn., p. 301 dissented from. Shaikh Ahmad Shaikh. Mahomed Ashraf v. Bai Fatima A I R 1943 Born. 48 ; Mst. Sughran and others v. Mian Muhammad Din P L D 1957 Lah. 441; Stroud's Judicial Dictionary on Words and Phrases, 3rd Edn., p. 471 and Black's Law Dictionary, 4th Edn., p. 303 ref. JUDGMENT This second appeal has been filed by one Muhammad Zabir Khan to challenge an order of ejectment made against him by a Rent Controller which has also been affirmed by an Additional District Judge while dismissing his first appeal against that order. 2. The solitary ground on which the order of eviction has been passed against the appellant is that- the house in dispute is needed by the respondent, Shah Muhammad for his granddaughter and grandson as they want to pursue their studies in Gojra, District Faisalabad, where the disputed house is situated. According to the respondent, they are presently living in a village. The plea raised-by him, has found favour with both the tribunals below. 3. Learned counsel for the appellant contended that according to paragraph (a) of sub-clause (i) of clause (a) of subsection (3) ofโ€ฆ
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