Case Details

Citation(s)
1985 SLG 840 1985 SLD 840 1985 SCMR 939
Supreme Court of Pakistan
Civil Appeal No. K-3 of 1982 (out of Civil Petition for Special Leave to Appeal No. K-217 of 1981), decision dated: 23rd February, 1982
ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
Nazir Ahmad Siddiqi, Advocate-on-Record for Petitioner. M. Shabbir Ghaury, Advocate-on-Record and Abdur Rashid Mirza, Advocate Supreme Court for
Respondent.

Mian ABDUL HAFEEZ

VS

Mst. FARIDUNNISA

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---Ss.13(3)(a)(i) & 15--Civil Procedure Code (V of 1908), O.XLI, r.24-­Ejectment on grounds of damage to property, nuisance and personal requirement of landlord--Powers of appellate Court--Remand--Word "may" used in r. 24, O.XLI, C.P.C.--Import--Courts below not giving decision on issues relating to damage to property and nuisance--Held, High Court on second appeal was competent under O.XLI, r. 24, C.P.C. to remand case for fresh decision. Fateh Ali v. Pir Muhammad 1975 S C M R 221 distinguished. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S.13(3)(a)(i)--Ejectment on ground of personal requirement of land­ lord--Words "own occupation" and "children"--Meaning--Held; Provision relating to ejectment on ground of personal requirement extends to use of landlord's children whether dependent on him or not.-- Muhammad Zahir Khan v. Ch. Shah Muhammad P L D 1980 Lah 28 and Abdul Salam v. Najam Parvez 1976 S C M R 52 ref. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---Ss.13 & 15--Civil Procedure Code (V of 1908), O.XLI, r.24--Ejectment proceedings--Second appeal--High Court remanding case to Rent Controller for fresh decision in matter--Order of High Court modified to extent that no party will be entitled to lead any additional evidence. ORDER ZAFFAR HUSSAIN MIRZA, J.--This is a petition for special leave to appeal from the judgment of a learned Single Judge of the High Court of Sind, Karachi, dated 24-8-1981, whereby the Second Appeal filed by the respondent was accepted and the case was remanded to the Controller for a fresh decision on the material issues arisin from the pleadings of the parties, after they have been given opportunity to lead further evidence. The facts briefly are that respondent sought the ejectment of the petitioner from the demised premises in his occupation on four grounds, namely, default in the payment of rent, requirement for bona fide personal use of the premises by the daughter of the respondent, damage to the building and nuisance. The Controller, by his order, dated 12-5-1979, dismissed the ejectment application filed by the…
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