Law:

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Constitution of Pakistan (1973)-----Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15 (2)(vi)--Karachi Building Control Regulation, 1984--Ejectment-­Requirement for reconstruction--Suspension of permission for construction--Imposition of conditions on landlord- -Ejectment order passed subject to condition that landlord obtains valid building plan from Authority or suspension was withdrawn--Leave to appeal granted to consider contentions: (i) that imposition of said condition was beyond scope of provisions of Ordinance (XVII of 1979) and right of ejectment could not be legally curtailed, and (ii) although High Court had refused to go into question of validity of Karachi Building Control Regulation, 1984, yet a finding was recorded that Authority could impose conditions on landlord like one directing him to enter into agreement with tenants. Fakhruddin G. Ebrahim, Senior Advocate Supreme Court instructed by M.S. Ghaury, Advocate-on-Record for Petitioners. Abu Bakar Chundrigar, Advocate Supreme Court instructed by Muzaffar Hassan, Advocate-on-Record for Respondents. Date of hearing: 11th December, 1985. ORDER S. A. NUSRAT, J.--The petitioners, who are the owners of land situate of Dundas Street, Saddar Karachi, applied to the Rent Controller for ejectment of the respondent on 24-8-1983 on the ground of requirement of the demised premises for the purpose of reconstruction of the building at the site after demolition of the existing structure. It was stated that necessary sanction and approved plan had been obtained by them from the competent authority. 2. The application was contested by the respondent and the following issue was framed in the case:- Whether the applicants require the disputed shop in good faith for reconstruction and have obtained necessary sanction from the competent authority-" After the evidence of the parties was completed, the respondent applied on 23-7-1983 for summoning the Building Control Authority (hereafter referred to as "Authority") for production of a letter suspending the building plan. Such letter, dated 1-6-1.983, was later produced by the petitioners themselves with their counter affidavit and it was stated that…

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