Case Details

Citation(s)
1982 SLG 231 1982 SLD 231 1982 SCMR 262
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 345 of 1975, decision dated: 28-10-1980.(On appeal from the judgment of the Lahore High Court dated 27-2-1975 in S. A. O. No. 38 of 1967)
MUHAMMAD HALEEM AND MUSHTAQ HUSSAIN, JJ
Hamid Mukhtar, Advocate Supreme Court instructed by Kh. Wali Muhammad, Advocate-on-Record for Petitioners. Nemo for
Respondent.

Sh. HABIB AHMAD ETC.

VS

AHMAD SAEED

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- S. 13 (2)(iv)-Eviction-Causing damage to property-Tenant alleg­ed to have constructed two walls and a roof of corrugated sheets thereby closing rear door of shop and passage to rear doors of other shops-All Courts below concurrently finding contention to be not sustainable on facts brought on record-High Court coming to conclusion of construction having been made on a portion of street and not on property itself and no damage having been caused to property or its utility-Questions raised, held, questions of fact and High Court does not go into such question particularly in face of concurrent findings of Courts below.-[Question of fact]. ORDER MUSHTAQ HUSSAIN, J.-A shop in building No. S-64-R-10 Anarkali, Lahore is in occupation of Ahmed Saeed respondent, as a tenant. He is said to have constructed two walls and a roof of corrugated sheets in it closing the rear door of the shop and the passage to the rear doors of other shops. The petitioner consequently moved an application under section 13 of the Rent Restriction Ordinance for his ejectment for having made construc­tion, which impaired the usefulness of the property rented out to him.…
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