| Citation(s) |
|---|
| 1987 SLG 708 1987 SLD 708 1987 SCMR 1818 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 7-Q to 9-Q of 1987, heard on 19-04-1987. On appeal from the judgment of the Baluchistan High Court, dated 24-12-1986, in F.A.O. 42 of 1986
ABDUL KADIR SHAIKH, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
S.A.M. Qadri, Advocate-on-Record for Petitioners. Raja Muhammad Afsar, Advocate-on-Record for
Respondent
Civil Petitions for Leave to Appeal Nos. 7-Q to 9-Q of 1987, heard on 19-04-1987. On appeal from the judgment of the Baluchistan High Court, dated 24-12-1986, in F.A.O. 42 of 1986
ABDUL KADIR SHAIKH, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
S.A.M. Qadri, Advocate-on-Record for Petitioners. Raja Muhammad Afsar, Advocate-on-Record for
Respondent
MUHAMMAD AMIN and 2 others
VS
Mst. SAFIA BEGUM
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----Ss. 13 & 15--Constitution of Pakistan (1973), Art. 185(3)-Ejectment--Consent decree on joint prayer--Personal need and re-construction of premises--Bona fide of personal requirement-Ejectment on ground, of personal need and for reconstruction--Bona fide of personal requirement assailed--Plea raised that ejectment proceedings were not brought against another tenant who was occupying a portion of same premises--Landlady explaining that said tenant had agreed to vacate portion in his possession as soon as petitioners did so--Petitioners agreeing to eviction after possession was obtained from said other tenant and portion in his occupation was demolished--With this consent statement and on joint prayer of parties, petitions converted into appeals and disposed of in terms of consent statement. ORDER ZAFFAR HUSSAIN MIRZA, J.--These three petitions are by tenants of a common landlady, the respondent in all the three petitions, Mst. Safia Begum in respect of three shops in the Town of Quetta. As these shops are located adjacent to the residential accommodation in occupation of the landlady, she has succeeded in obtaining ejectment orders against the petitioner on the ground of reconstruction of a residential building on the entire plot, namely, the land covered by the shops and the residential accommodation, so that it may be put to personal use by her. We have heard Mr. Khalid Malik learned counsel appearing for the petitioners whose main contention was that the plea of bona fide personal requirement advanced by the landlady was not in good…
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