Case Details

Citation(s)
1985 SLG 275 1985 SLD 275 1985 PLD 360
Supreme Court of Pakistan
Civil Miscellaneous Petition No. 582 of 1985 in Civil Petition for Special Leave to Appeal No. 570 of 1985, decision dated: 9-06-1985.
ASLAM RIAZ HUSSAIN, J

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PROVINCE OF PUNJAB AND others

VS

MUHAMMAD TUFAIL

Law:

Section:

Constitution of Pakistan (1973)Art. 185(3)-Supreme Court Rules, 1980, O. V, r. 18-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13School premises in Government occupation -Ejectment proceedings against Government -Ejectment order passed by Rent Controller Government seeking interim stay on ground that if Government was evicted that would. cause a great hardship to children studying in school located in premises in question -Held, there was no reason to treat such tenant differently from other tenants simply because they were running school in building taken on rent-Such tenant was governed by provisions of West Pakistan Urban Rent Restriction Ordinance, 1959-Tenant who is running a school in hired building should act with much greater care and responsibility than ordinary tenants. M. M. Saeed Beg for Petitioners. ORDER This order will dispose of C. M. P. No. 582/85 in C. P. S. L. A. No. 570/85. 2. Facts giving rise to this application for grant of stay are that the building in question was taken on rent by the proprietor of a private school which was subsequently nationalised. Thereafter, the Government became liable to pay the monthly rent to the landlord, but it failed to pay rent as required. The landlord, therefore, filed ejectment applications before the Rent Controller, who ordered eviction of the petitioner from the premises in question. The petitioner/Government then passed orders requisitioning the said building. The landlord respondent challenged the validity of the requisition order through a writ petition, iter alia, on the ground of mala fides. The writ petition was allowed. The Government then filed I.-C. A. which was dismissed vide the impugned judgment and the order…
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