Case Details

Citation(s)
1983 SLG 394 1983 SLD 394 1983 PLD 167
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 809 of 1982, decision dated: 23rd February, 1983.
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND M. S. H. QURAISHI, JJ

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Sheikh MANSOOR AHMAD

VS

FAIZUL HASSAN AND 8 others

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-S. 13(3) (a) (i)-Ejectment from house on ground of personal need for use of landlord's children-Landlord's application and evidence led 9n issue clearly showing that house was meant to be vacated for residence of landlord's children-Mere use of word "use" instead of "occupation" in application-Held, makes no substantial difference. Shaukat Haroon, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 23rd February, 1983. ORDER ASLAM RIAZ HUSSAIN, J.-Sh. Mansoor Ahmad petitioner seeks Leave to Appeal against the judgment of the Lahore High Court, Lahore, dated 20-6-1982, dismissing his writ petition in a rent matter. 2. The facts leading to the present petition, briefly, are that Mst. Hajiran Bibi the landlady (predecessor-in-interest of the respondents) filed an ejectment application against the petitioner from her house on the ground of default; conversion of the building from residential to non-residential; personal need for use of the landlady's children; causing damage to the building and impairing its value. The learned Rent Controller rejected three of the aforementioned grounds but accepted the application on the ground of personal need and conversion from residential to non-residential premises and ordered petitioner's eviction. Mansoor Ahmad petitioner filed an appeal before the learned District Judge which was dismissed by the learned Additional District Judge, Lahore, on 3-6-1981. He then went up to the High Court through Writ Petition (No. 4157 of 1981) which met the same fate and was dismissed vide the impugned judgment. Hence the present petition. 3. The only ground urged by the learned counsel for the petitioner before us was that while asking for the vacation of the building in…
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