Case Details

Citation(s)
1982 SLG 374 1982 SLD 374 1982 SCMR 544
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 39-R of 1982, decision dated: 9-03-1982.(On appeal from the judgment and order dated 11-1-1982 of the Lahore High Court Lahore, in Writ Petition No, 6 of 1982)
MUHAMMAD AFZAL ZULLAH AND M. BURHANUDDIN KHAN, JJ
Mian Sher Alam, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents.

GUL MUHAMMAD

VS

Mst. FATIMA BIBI AND 7 OTHERS

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13-Eviction-Bona fide requirements-Rent Controller and first appellate Court being conscious of requirement of law and landlord having raised plea of bona fide requirement, technical point as to landlord having not used expression "good faith" or "bona fide" in his pleadings, held, does not justify interference by Supreme Court and refusal to exercise its writ Jurisdiction by High Court also justified. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from the judgment dated 11-1-1982 of the Lahore High Court whereby a writ petition arising out of an order of a learned Rent Controller directing eviction of the petitioner on ground of personal requirement of the respondent ­landlord which was affirmed by the appellate Court, was dismissed. The learned counsel, apart from raising some factual pleas, contended that the expressions "good faith or bona fide" not having been used in the pleadings of the landlord, the issues framed and the order passed by the learned Rent Controller, a necessary requirement of law was ignored, therefore, regardless of the question whether the High Court should not have interfered on…
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