Case Details

Citation(s)
1984 SLG 244 1984 SLD 244 1984 PLD 200
Supreme Court of Pakistan
Civil Appeal No. K-38 of 1977, decision dated: 27-10-1983.
S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
Ali Ahmed Fazeel, Senior Advocate Supreme Court with A. Aziz. Dastgir, Advocate-on-Record for Appellant. Akhtar Mehmood, Advocate-on-Record.

DR. MAJOR ABDUL AHAD KHAN

VS

Soofi MUHAMMAD YASIN & BROS.

Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance ('VI of 1959), S. 13-Bona fide personal need of landlord-Leave to appeal granted in order to examine correctness of finding that bona fide personal requirement of landlord and his male child was not established on record, inasmuch as High Court had ignored material evidence consisting of correspondence exchanged between landlord and Bank and a letter from a firm. Link (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959 -- S. 13(3)-Ejectment sought on ground of bona fide need of landlord and his children-Death of landlord does not necessarily result in abatement of ejectment proceedings vis-a-vis that ground--Landlord can obtain possession of premises from tenant independently on ground that premises was required for use of his children--Death of landlord whether materially alters position would depend upon facts and circumstances of each case-Deceased landlord (Doctor)' not seeking possession of premises for exclusive use of his son but his claim was . that further accommodation was required by him for purpose of extension of- his clinic which could be run jointly by himself, and his doctor son--Held, it was clear that case set up was that son would join in business not only in , premises in dispute but in entire buildi4 including disputed portion when it is annexed to form part of whole establishment-Death of landlord, therefore, does not necessarily affect in case of personal requirement for joint use of landlord and his children.-[Abatement]. Link 1 Link 2 Mst. Jamila Latif v. Ghulam Yazdani Khan 1981 S C M R 637 and Abdul Hayee v. Mst. Riaz Begum 1979 S C M R 372 ref. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) -= S. 13-Ejectment for bona fide need of landlord and his children Landlord a doctor and accommodation wanted in order to extend clinic and for joint personal use of himself and his doctor son-Letter from firm supplying medical equipments and papers regarding grant of loan to landlord for setting up such equipments in premises by Bank-Objection on consideration of such documents to support plea of landlord for personal need…
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