| Citation(s) |
|---|
| 1982 SLG 867 1982 SLD 867 1982 PLD 657 |
Lahore High Court
Writ Petition No. 1084 of 1982, decided on 28th March, 1982
MUHAMMAD ILYAS, J
Malik Muhammad Nawaz for
Respondent
Writ Petition No. 1084 of 1982, decided on 28th March, 1982
MUHAMMAD ILYAS, J
Malik Muhammad Nawaz for
Respondent
MUHAMMAD SAEEDer
VS
ANJUMAN JAMIA HANFIA (REGD.) ALMINAR MOSQUE--Respondent
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959}- -- S. 13 (3)--Library for mosque-Personal requirement-Eviction Arranging of religious literature for visitors of mosque-One of functions of mosque-Mosque managed by respondent Anjuman needing disputed premises for setting up a library comprising books on Islam Mosque, held, needs premises for its own use. Suba v. Siraj Din P L D 1977 Lah. 1263 distinguished. Adam Ali Hussan Ali v. Rabab Bhai P L D 1965 Kar. 408 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13 (3)-Eviction-Personal requirement-Choice of landlord and not of tenant to choose any portion of his property for his personal need-Alternative accommodation as suggested by tenant used by children and womenfolk for offering prayers and not practically safe to deny them such use-Lower Court refusing to admit argument regarding availability of alternate accommodation on such reasoning, such reasoning appearing to be cogent, and no misreading of evidence having been alleged, finding of lower Court, held, not open to interference-Constitution of Pakistan (1973), Art. 199. ORDER On the Multan Road, Lahore, there is a mosque known as Al-Minar Mosque. A part of the building containing the mosque, and owned by the mosque, is occupied by the petitioner, Muhammad Saeed, as tenant. Respondent No. 1, Anjuman Jamia Hanfia, Multan Road, Lahore, hereinafter referred to as the respondent is administering the mosque and the property vesting in the mosque. The respondent made an application for eviction of the petitioner alleging that the premises with him were needed by the mosque for setting up a religious library . This plea did not find favour with a Rent Controller of Lahore who heard the application. It was, therefore, dismissed by him. His order was challenged by the respondent by taking an appeal before the District Judge, Lahore. The learned District Judge accepted the appeal, set aside the order of the learned Rent Controller and directed the petitioner to vacate the premises. He has, therefore, invoked the constitutional jurisdiction of this Court to assail the order of the learned appellate authority. 2. It was…
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