Case Details

Citation(s)
1984 SLG 879 1984 SLD 879 1984 SCMR 1295
Supreme Court of Pakistan
6-vil Petition for Special Leave to Appeal No.K-194 of 1984, decision dated: 22-05-1984 (On appeal from the judgment and order of the Sind High Court dated 22-2-1984 in F.R.A. No.466 of 1982)
ABDUL KADIR SHAIKH, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ

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Mst. ZULEKHA BAI and others

VS

. The MASJIDEMIRAJUN NABI TRUST and others--Respondents

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.2(6) & 13(2)(vi), (5-B)--Ejectment from plot of land on ground that disputed rented land was reasonably and in good faith required for construction of a mosque--Land in question was rented to tenant for commercial purposes--Plan for building of proposed mosque proved before trial Court--Finding of High Court that subject-matter of tenancy was rented land as defined in S.2(6) and case of landlord was, therefore, fully covered by S. 13(2)(vi) and that upon construction of mosque, tenant shall stand deprived of benefit of S.13(5-B)--Point was covered by rule laid down in Barkat Ali Shah v. Aziz Ullah and others P L D 1980 S C 138--Findings of High Court being unexceptionable petition for leave to appeal dismisses. S.M. Gharib Nawaz Daccawala, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 22nd May, 1984. ORDER S.A. NUSRAT, J.-- The dispute in this petition for leave to appeal relates to a plot of land wherefrom the petitioners have been ordered to be evicted. The application for ejectment of the petitioners was filed by the respondents Nos.2 to 6, who are trustees of the Masjid-e-Mirajun Nabi Trust, on the ground that the disputed rented land was reasonably and in good faith required for construction of a mosque. The disputed land was let out to the petitioners for commercial purpose by the two lady owners of the land who created the trust and appointed the respondents as trustees. The petitioners have been using the land for the purpose of manufacturing bus bodies. The respondents got the plan for the proposed building approved which was produced during the trial and proved through a witness from the Sind Building Control Authority. The…
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