| Citation(s) |
|---|
| 1986 SLG 559 1986 SLD 559 1986 SCMR 650 |
Supreme Court of Pakistan
Civil Petition No. 301 of 1981, decision dated: 18-03-1981. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 14-2-1981 passed in S.A.0. No. 468 of 1978).
ASLAM RIAZ HUSSAIN AND ABDUL KADIR SHAIKH, JJ
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Civil Petition No. 301 of 1981, decision dated: 18-03-1981. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 14-2-1981 passed in S.A.0. No. 468 of 1978).
ASLAM RIAZ HUSSAIN AND ABDUL KADIR SHAIKH, JJ
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MUHAMMAD LATIF
VS
Hakim NISAR AHMED and others
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii)(a)--Ejectment allowed on ground of personal need of landlord--Contention raised that ejectment application was incompetent because another shop belonging to landlord, whim was sufficient for his need, had fallen vacant before ejectment application was filed--Held: It was for landlord to choose premises suitable for requirement of trade or business and not for tenant to dictate to him choice in that regard--Leave to appeal refused. Muhammad Ismail Chaudri, Senior Advocate Supreme Court with Sh. Abdul Karim, Advocate-on-Record for Petitioner Iqbal Ahmed Khan, Advocate Supreme Court assisted by Rana M.A. Qadri, Advocate-on-Record for Respondents. Date of hearing: 18th March, 1981. ORDER ABDUL KADIR SHAIKH, J.--This petition arises out of an application filed by Hakim Nisar Ahmed, first respondent, against petitioner and the second respondent on the ground that he required the demised shop for use of his son, and the tenant, namely, petitioner, had not only sublet the premises unauthorisedly to the second respondent but was also guilty of default in payment of rent. The Rent Controller who dealt with the case accepted only the first two pleas of the respondent, and not the third, and directed petitioners eviction. Petitioners appeal against…
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