Case Details

Citation(s)
1983 SLG 302 1983 SLD 302 1983 SCMR 400
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K 19 of 1981, decision dated: 22nd August 1981.(On Appeal from the judgment and order of the Sind High Court dated 5th November 1980, in Second Appeal No. 229 of 1973)
MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
Jan Muhammad Dawood, Advocate and Ali Akbar, Advocate on-Record for Petitioner

MESSRS DADA LTD.

VS

MADRASA MAZHARUL ULOOM ASSOCIATION

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- S. 13 (3) (a) (i) (a) Constitution of Pakistan (1973), Art. 185 (3)¬Ejectment of tenant ordered by Courts below on ground of bona fide requirement of premises by landlord Tenant arguing that landlord has another plot which was being used as Eidgah and could also be utilised by landlord High Court considering point regarding bona fides and taking into account all relevant circumstances but decision on question with regard to possible use of Eidgah not considered necessary because property in dispute was separate from property being used as Eidgah Question of bona fide requirement stands, held, concluded ¬No justification to re open same Leave refused. ORDER MUHAMMAD AFZAL ZULLAH, J. Leave to Appeal has been sought from Judgment dated. 5 11 1980 of the Sind High Court whereby a second appeal arising out of order of eviction of the petitioner under the West Pakistan Urban Rent Restriction Ordinance, 1.959, was dismissed. The learned Rent Controller found the ground of bona fide requirement as established. On confirmation of this finding, the petitioner's first appeal was dismissed. The contention raised from the petitioner's side was that the requirement of the Respondents/landlords was not bona fide. One of the grounds urged on behalf the Petitioner before the High Court was that the Respondents/landlords had mentioned…
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