Case Details

Citation(s)
1984 SLG 613 1984 SLD 613 1984 SCMR 710
Supreme Court of Pakistan
Civil Petition No. 1 of 1984, decision dated: 10-04-1984 (On appeal from the judgment dated 13-11-1983 of the Lahore High Court, Lahore in Writ Petition No. 3023 of 1983)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ

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ABDUL QAYYUM AND anothers

VS

. Mst. KHURSHID JAHAN AND others--Respondents

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- S. 13(2)(vi) - Word "reconstruction" to be given a pragmatic connotation and meaning in the conditions in S. 13(2) (vi) namely, reasonableness and good faith--"Reconstruction" for which a tenant could be ejected under S. 13(2) (vi)-Held, it was not necessary in every case for landlord to prove demolition of entire building and to rebuild new one in order to succeed in eviction of tenant-"Reconstruction" should relate to substantial part and question whether or not it was substantial would depend on circumstances of each case-Aspects to be taken into account as stated in Akhtar Sultana v. Abdur Rauf Nagi P L D 1978 Lah. 347 approved.---[Words and phrases]. Percy E. Cadle Co. Ltd. v. Joomarch Properties Ltd. 1957 All E L R 148 approved. Mst. Akhtar Saltana v. Abdur Rauf Nagi P L D 1978 Lah. 347 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- --- S. 13(2) (vi)-"Reconstruction" for which a tenant could be ejected under S. 12(2) (vi)-Reconstruction of building on same foundation, held, substantial in nature-Removal of some of wails and raising some new ones, five shops converted into .a big hall with kitchen and pantry which could be used as restaurant-Tenants, held further, could be ejected on plea of "reconstruction" within meaning of S. 13(2) (vi) in circumstances. Khan Muhammad Younus Khan, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Ch. Khurshid Ahmad, Advocate Supreme Court, and Tanvir Ahmad, Advocate-on-Record for Respondent No. 1. Date of hearing; 10th April, 1984. ORDER NASIM HASAN SHAH, J.-Mst. Khurshid Jahan, respondent No. 1, a land­lady of a building comprising 5 shops situated in Satellite Town, Gujran­wala, filed an application for ejectment against all the five tenants who Were occupying the said shops on the ground that she required the building in good faith for "reconstruction" of the building on the site having obtained the necessary sanction from the relevant Municipal Committee for the aforesaid "reconstruction" of the building as a restaurant for the use of her sons. The petitioners, as well as the other tenants,…
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