| Citation(s) |
|---|
| 1987 SLG 568 1987 SLD 568 1987 SCMR 1513 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 239 of 1987, decided on 13th June, 1987. (On appeal from the judgment dated 2231987 of the Lahore High Court in Writ Petition No. 8052 of 1980).
ASLAM RIAZ HUSSAIN AND SAOOD SAOOD, JAN, JJ
Ch. Muhammad Hasan, Advocate Supreme Court and M. Sultan Khan, Advocate-on-Record for Petitioners. Malik Muhammad Qasim, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for
Respondents Nos. 1 to 4.
Civil Petition for Leave to Appeal No. 239 of 1987, decided on 13th June, 1987. (On appeal from the judgment dated 2231987 of the Lahore High Court in Writ Petition No. 8052 of 1980).
ASLAM RIAZ HUSSAIN AND SAOOD SAOOD, JAN, JJ
Ch. Muhammad Hasan, Advocate Supreme Court and M. Sultan Khan, Advocate-on-Record for Petitioners. Malik Muhammad Qasim, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for
Respondents Nos. 1 to 4.
QAMARUDDIN and others
VS
AHMAD MUMTAZ and others
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13(3)(ii)(a)--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal, grant of--Ejectment of tenant sought on ground of personal need of landlord's sons--Evidence on record indicated that ejectment of tenant was being sought for need of landlord's grandson whose father had already died--Ejectment application dismissed by Rent Controller but on appeal ejectment of tenant ordered by Appellate Court--Constitutional petition by tenant against ejectment dismissed by High Court--Leave to appeal granted to consider contention that need of grandson was not put to trial and as such ejectment could not be directed on such ground and that grandson could not be regarded as a child of landlord within meaning of S. 13(3)(ii)(a). Muhammad Zahir Khan v. Shah Muhammad PLD 1980 Lah. 125 ref ORDER SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order dated 22-3-1987 of the Lahore High Court. 2. The property in dispute is a shop situate in Okara. It was owned by Fazal Ahmad who gave it on rent to Tajuddin. On 28-2-1970 Fazal Ahmad filed an application before the Rent Controller for the ejectment of Tajuddin on a number of grounds. One of the grounds taken by him was--and this is the only ground which is now relevant-that he needed the shop for the personal use of his sons. In respect of this ground the Rent Controller framed the following issue: Whether the petitioner requires the shop in dispute bona fide for personal use of his sons? The evidence led by Fazal Ahmad indicated that the shop was required not for any of his living sons but his son's son whose father had earlier died. The learned Rent Controller decided this issue as well as the other issues against Fazal Ahmad and dismissed the application. 3. During the pendency of the proceedings before the Rent Controller both Fazal Ahmad and Tajuddin died. The petitioners are…
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