| Citation(s) |
|---|
| 1986 SLG 557 1986 SLD 557 1986 SCMR 637 |
Supreme Court of Pakistan
Civil Appeal No. 37-K of 1984, decision dated: 28-10-1985. (On appeal from the judgment and order of the High Court of Sind, Sukkur, dated 4-10-1983, in R.F.A. 144 of 1982).
MUHAMMAD HALEEM, C.J. MUHAMMAD AFZAL ZULLAH, ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
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Civil Appeal No. 37-K of 1984, decision dated: 28-10-1985. (On appeal from the judgment and order of the High Court of Sind, Sukkur, dated 4-10-1983, in R.F.A. 144 of 1982).
MUHAMMAD HALEEM, C.J. MUHAMMAD AFZAL ZULLAH, ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
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Messrs SERVICE INDUSTRIES Ltd.
VS
MUHAMMAD RAGHIB and another
Law:
Section:
(a) Constitution of Pakistan (1973)----Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), Ss.12 & 15 (2)(vi)--Ejectment--Need for reconstruction--Leave to appeal granted to examine whether work of reconstruction of demised premises amounts to "reconstruction or erection of a new building at site" as contemplated by S. 15(2)(vi), so as to deprive tenant of his tenancy rights. (b) Sind Rented Premises Ordinance (XVII of 1979)-----Ss. 12 & 15(2)(vi)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (2)(vi)--Ejectment--Need for re-construction--Bona fide of--"Repair" and "Re-construction" distinguished--Landlord having obtained sanction for re-construction--Plea that landlord required premises for repairs and it was not necessary for him to obtain possession of whole building, repelled--Word "reconstruction" did not imply a complete demolishing of existing building and construction of new building in its place--Where change of substantial character in existing building was being effected, case would fall within purview of word "reconstruction" and where structural changes were to be made in order to complete proposed work, such work could not be termed or characterized as mere repairs--Claim of landlord requiring premises for reconstruction having been established, appeal dismissed with costs.-[Words and phrases]. Ghulam Muhammad v. Maqsood Hussain 1984 SCMR 1142 distinguished. Blacks Law Dictionary Fifth Edition (1979) quoted. Mst. Akhtar Sultana v. Dr. Abdul Rauf Nagi P L D 1978 Lah. 347 and Abdul Qayum v. Khursheed Jehan 1984 SCMR 710 ref. Khalid M. Ishaque, Advocate S0preme Court with Nizam Ahmad, Advocate-on-Record for Appellant. S.A. Wadood, Advocate Supreme Court with M. Shabbir Ghaury, Advocate-on-Record for Respondent No. 1. Date of hearing: 15th August, 1985. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--This appeal by special leave arises out of judgment, dated 14th October, 1983, whereby a learned Single Judge of the High Court of Sind, bench at Sukkur, dismissed the appeal filed by the appellant under section 21 of the Sind Rented Premises Ordinance, 1979. 2. The facts are that the appellant is a company registered under the…
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