| Citation(s) |
|---|
| 1984 SLG 1045 1984 SLD 1045 1984 SCMR 1584 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 185-R of 1984, decision dated: 26-06-1984 (On appeal from the Judgment and Order of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 10-06-1984 in Writ Petition No. 314 of 1984)
SHAFI UR RAHMAN, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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Civil Petition for Special Leave to Appeal No. 185-R of 1984, decision dated: 26-06-1984 (On appeal from the Judgment and Order of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 10-06-1984 in Writ Petition No. 314 of 1984)
SHAFI UR RAHMAN, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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ABDUL MAJIDer
VS
. GHULAM MUHAMMAD AND others--Respondents
Law:
Section:
Constitution of Pakistan (1973)--- Art. 185 (3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Ejectment on ground of personal need of landlord and default in payment of rent-Notwithstanding fact that no interference on facts was called for in constitutional petition, High Court attending to contentions raised on behalf of tenant-petitioner Findings of High Court that no case was made for interference found to be unexceptionable-No question of law worth consideration arising in petition-Leave to appeal refused-Provisional Constitution Order (1 of 1981), Art. 9. Muhammad Nawaz Abbasi, Advocate Supreme Court, instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 26th June, 1984. ORDER S. A. NUSRAT, J.-This petition for leave to appeal is from the judgment of the Lahore High Court, dated 10-5-1984 whereby a constitutional petition brought by the petitioner challenging the order of his eviction passed by the Rent Controller and upheld by the learned Additional District Judge, Rawalpindi, by his order dated 10-3-1984 was dismissed. The application for ejectment was filed on 5-4-1983 by the first respondent/ landlord (hereinafter called the respondent) under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 19 9 on the ground that the premises were required by him for his personal use and occupation in good faith and default in payment of rent. The application was contested by the petitioner and the allegations made in the ejectment application were denied by him. After recording the evidence of the parties the Rent Controller ordered the ejectment of the petitioner by his order dated 8-10-1983 on the ground of personal requirement only. This order was challenged by the petitioner in appeal before the Additional District Judge, which was dismissed on 10-3-1984. The petitioner thereupon filed a Constitutional petition in the High Court challenging the order of the Additional District Judge dismissing his appeal whereby the order of petitioner's ejectment passed by the Rent Controller was upheld. The said constitution petition was dismissed as per impugned judgment. Hence this…
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