Case Details

Citation(s)
1982 SLG 481 1982 SLD 481 1982 SCMR 804
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 8 of 1975, decision dated: 12-03-1980.(On appeal from the judgment and order of the Lahore High Court dated 25-10-1974 in S. A. O. No. 9 of 1974)
DORAB PATEL AND NASIM HASAN SHAH, JJ
M. Aslam Khan, Advocate and Sh. Abdul Karim, Advocate-on-Record for Petitioner. Kh. Mushtaq Ahmad for
Respondent.

MUHAMMAD SIDDIQ

VS

MUHAMMAD SHARIF

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S. 13(2) (i)-Tenant persistently refusing to acknowledge respondent as landlord and paying him rent notwithstanding former co-owner's direction to attorn to respondent-Finding of lower Courts as to com­mission of default in payment of rent by petitioner, held, not open to question. ORDER DORAB PATEL, J.-The dispute in this petition for leave relates to a shop in Anarkali in Lahore and the three Courts below have ordered the petitioner's eviction on the ground of non-payment of rent and on the ground that the respondent who is the owner of the shop requires it in good faith for his own business. In order to get over the concurrent findings of the three Courts that the petitioner was in habitual default in the payment of rent, learned counsel stated that the house in which the shop in dispute is situated had originally been owned by the brother-in-law of the petitioner, who had transferred it to the respondent and four other persons including one Abdul Karim. Now, whilst the building was the joint property of the respondent and the others they had sought the petitioner's eviction but that application had been dismissed. Thereafter they had partitioned the building and the shop in dispute passed to the share of the respondent, who had called upon the petitioner to pay the rent to him. Instead…
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