Case Details

Citation(s)
1983 SLG 421 1983 SLD 421 1983 PLD 342
Supreme Court of Pakistan
Civil Petitions Nos. 85, 86 and 87 of 1983, decision dated: 16-05-1983.
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND M. S. H. QUTAISHI, JJ
Muhammad Rafiq Khan Chohan, Advocate Supreme Court and Sh. Masood Akhtar, Advocate-on-Record. Azam Rasool, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record No. 1.

ABDUL HAJI alias ABDUL HADI HASAN AND 2 OTHERS

VS

Syed ALI HAIDER AND others

Law:

Section:

(a) Nest Pakistan Urban Rent Restriction Ordinance (VI of 1959)-S. l3(2)(vi)(5-B)-Ejectment for reconstruction of property-Building. comprising shops and residential portion sought to be vacated for convertion into residental building without shops through reconstruction-Fact that tenant occupying shop in old building would be unable to exercise option for possession of area in new building comparable to one occupied by him in old building-Held, does not imply that provision of subsection (5-B) would be rendered nugatory-Provision of subsection (2)(vi) does not impose any restrictions or limitations as to what type of a new building may be built on site of old building nor does any law prevent conversion of a non-residential building into a residential one-Landlord's requirement of building for reconstruction to substantially develop and improve property-Must be held to be bona fide and reasonable. Abdul Bari v. Khadim Hussain P L D 1978 S C 78 and Ghulam Nabi v. Mushtaq Ahmad P L D 1980 S C 206 ref. (b) Interpretation of statutes- -- All parts of enactment to be read together and given due effectEffort must be made to harmonize seemingly inconsistent provisions. ORDER NASIM HASAN SHAH, J.-Since common questions of law and facts are involved in the above three petitions, the same are being disposed of by a common order. - The relevant facts are that the petitioners in these three petitions are occupying adjoining shop situated in Property No. P. 2713, Moti Bazar inside Masti Gate, Lahore, owned by respondent No. 1. The said respondent had sought ejectment of the petitioner, inter alia, on the ground of reconstruction. According to him, the building comprising the said shops was approximately hunderd years old and in a dilapidated condition and unfit for residential purposes; even the Lahore - Municipal Corporation had declared the property to be unfit for residence; that he had already pulled down the superstructure of the building which consisted of the residential portion and the shops on the ground-floor only wer® now left to be demolished. Alongwith the ejectment application, the landlord filed copies of the sanctioned reconstruction plan which did not show…
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