| Citation(s) |
|---|
| 1982 SLG 830 1982 SLD 830 1982 PLD 555 |
Lahore High Court
Writ Petition No. 5941 of 1981, decided on 17th March, 1982. dates of hearing : 16th and 17th March, 1982
MUHAMMAD ILYAS, J
Aitzaz Ahsan for Petitioner. Nemo for
Respondents Nos. 1 and 2.. Hakam Qureshi for
Respondent No. 3
Writ Petition No. 5941 of 1981, decided on 17th March, 1982. dates of hearing : 16th and 17th March, 1982
MUHAMMAD ILYAS, J
Aitzaz Ahsan for Petitioner. Nemo for
Respondents Nos. 1 and 2.. Hakam Qureshi for
Respondent No. 3
Mst. NASREEN RASHIDer
VS
Sardar GHULAM FARID, ADDITIONAR DISTRICT JUDOS AND 2 others--Respondents
Law:
Section:
Constitution of Pakistan (1973)- --Art. 199 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (2) -(iv) and West Pakistan General Clauses Act (VI of 1956), S. 12 (2)-Ejectment of tenant on ground of nuisance Word "buildings" used in clause (iv) of S. 13 (2) of Ordinance-Held, can be interpreted as one building also--Nuisance created by tenant becoming a source of constant discomfort to occupants of one building in his neighbourhood-Held further, such tenant cannot escape consequences of his conduct simply because other persons in neighbourhood are safe at his hands-Order of ejectment made against tenant by Rent Controller and upheld by appellate authority-Held, does not call for any interference.-[Words and phrases]. Munna Tewari and others v. Chandarbali and others A I R 1928 All. 627 ; K. 7'. Hing v. 1. N. Silas (1929) 1 L R 57 Cal. 849 ; Rameshwar Narayan Agarwal v. Emperor A 1 R 1939 Bom. 92 ; Abdul Kader v. The Chairman, Dacca Municipality P L D 1958 Dacca 425 ; Muijuddin Laskar and 13 others v. Maulana Nurunnabi P L D 1965 Dacca 421 and Inayat Ullah v. Abdul Majid 1969 P Cr. L J 300 distinguished. Mist. Sundae v. Latta Prasad A I R 1956 All. 211 eel. JUDGMENT The facts giving rise to this writ petition are that respondent No. 3, Mst. Asghari Begum Qureshi, hereinafter referred to as the respondent, owns two adjoining houses with a common passage. The house situated on the main road has been let out by her to the petitioner, Mst. Nasreen Rashid, while the house in the background is occupied by the respondent and her family. The respondent made an application for ejectment of the petitioner inter alia on the ground of nuisance as spelt out in clause (iv) of subsection (2) of section 13 of the Punjab Urban Rent Restriction Ordinance, 1959, hereinafter referred to as the said Ordinance. 1t Was alleged by the respondent that the petitioner was keeping dogs which was a source of nuisance to her (respondent) and her family members. It was also urged by her that the petitioner and her husband interfered with their comfort by holding political meetings at the house in their occupation. The plea raised by the respondent fond favour…
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