| Citation(s) |
|---|
| 1981 SLG 1534 1981 SLD 1534 1981 PLD 609 |
Lahore High Court
Second Appeal from Original Order No. 61.3 of 1979, heard on 8th April 1981
M. MEHBOOB AHMAD, J
Raja Muhammad An war and Khalid Iqbal Qazi for Appellant. Maulvi Siraj-ul-Haq for
Respondent.
Second Appeal from Original Order No. 61.3 of 1979, heard on 8th April 1981
M. MEHBOOB AHMAD, J
Raja Muhammad An war and Khalid Iqbal Qazi for Appellant. Maulvi Siraj-ul-Haq for
Respondent.
MUHAMMAD ZAMAN--Appellant
VS
MAHBOOB ELLAHI--Respondent
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 19S9j-- S. 15(4)-Second appeal---Concurrent finding on question of fact arrived at by misreading or non-reading of record or based on extraneous considerations not forthcoming from record of case-Held, not sacrosanct and can be gone into by High' Court in second appeal.--[Second appeal-Question of fact]. LINK1 LINK2 (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) --- --- S. 13 (3) (a) (ii), (4)-Determination of whether particular premises required by landlord for personal use-Fundamental importance to be attached to statement of landlord himself-Section 13(4), an adequate safeguard against abuse of provisions of S. 13 (3) (a)(ii) by landlord-Statement of landlord confidence inspiring and no material on record to detract from its veracity-Held, such statement should be given all important weight and not treated as statement of an interested person. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1"9)- -- Ss. 15(4) & 13-Second appeal-Ejectment on ground of personal requirement by' landlord--Findings of two Courts below arrived at without fully adverting to material available on record--Held, cannot be sustained. (d) Rest Pakistan Urban Rent Restriction Ordinance (VI of 1959) -- --- S. 15(4) read with S. 13---Ejectment on ground of personal requirement of landlord--Findings of Courts below based on extraneous considerations as to age and capacity of hearing through hearing aid--- Held, liable to be reversed. (e) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-.. S. 13(3) (a) (ii)-Ejectment on ground of personal requirement of landlord-Provision of bona fide requirement of commercial premises for personal use-Held, does not necessarily imply same to be used by landlord personally in physical sense. Bashir Vllah v. Mst. Sardar Begum P L D 1954 Lab. 614 ; Nazar Muhammad and another v. Mst. Shahzada Begum and another P L D 1974 S C 22 ; Ghulam Mohyuddin v. Suba Khan P L D 1977 Lab. 1094 ; Dr. A. R. Khan v. Muhammad Ishaque 1972 S C M R 437 ; Seth Abdus Sattar Haji Ahmed v. Kh. Fazal Hussain arid another P L D 1966 Lab. 733 ; Sh. Khushl Muhammad v. Kh. Muhammad Rashid…
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