| Citation(s) |
|---|
| 1985 SLG 232 1985 SLD 232 1985 PLD 148 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 127-R of 1984, decision dated: 8-01-1985.
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND MIAN BURHANUDDIN KHAN, JJ
Shahzad Jahangir, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record (absent). Kh. M. Farooq, Advocate Supreme Court and M. A. Siddiqi, Advocate-on-Record Nos. 3 to 10.
Civil Petition for Special Leave to Appeal No. 127-R of 1984, decision dated: 8-01-1985.
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND MIAN BURHANUDDIN KHAN, JJ
Shahzad Jahangir, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record (absent). Kh. M. Farooq, Advocate Supreme Court and M. A. Siddiqi, Advocate-on-Record Nos. 3 to 10.
Sheikh ABDUS SATTAR
VS
Malik MUHAMMAD AFZAL AND others
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- S. 13-Eviction of tenant-Agreement of lease expiring and no further renewal taking place-Held, after expiry of agreement rights and liabilities of tenant fell to be governed by provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 which regulate terms as to ejectment. Muhammad Yusuf v. Abdullah P L D 1980 S C 298 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) -- S. 13-Word "satisfied" -Significance-Ejectment-Recording of evidence by Rent Controller-No express procedure prescribed which Rent Controller must adopt while dealing with application of landlord seeking ejectment of tenant-Only requirement prescribed in statute was that ejectment of tenant should be ordered only if Rent Controller was satisfied after giving him a reasonable opportunity of showing cause against application that ejectment was warranted.[Words and phrases]. Klradim Mohyuddin v. Rehmat Ali P L D 1965 S C 459 ref. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13-Ejectment-Rent Controller discharging many of his functions not required to act judicially but to act at best in a quasi judicial capacity-Each party -should be afforded a proper opportunity of putting forth its case before orders are passed in an ejectment application-Any attempt to import any particular procedure, such as that prescribed in Civil Procedure Code, 1908 or in any other law and to insist on its meticulous adherence was totally alien to intention of Ordinance. Khudim Mohyuddin v. Rehmat Ali P L D 1965 S C 459 ref. (d) Rest Pakistan Urban Rent Restriction Ordinance (VI of 1959) -- S. 13-Constitution of Pakistan (1973), Arts. 199 & 185(3)Ejectment on grounds of personal need-Finding of fact by District Judge clear and unequivocal negating plea raised by tenant against bona fide of personal need of landlord-Such finding of fact, held, could not be interfered with by High Court in its constitutional jurisdiction nor same could, a fortiori, be assailed before Supreme Court at leave granting stage. ORDER NASIM HASAN SHAH, J.--The relevant facts are that respondents Nos. 3 to 10 are…
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