Case Details

Citation(s)
1987 SLG 822 1987 SLD 822 1987 SCMR 2051
Supreme Court of Pakistan
Civil Petition No. 207/K of 1984, decision dated: 22-01-1985.On appeal from the judgment and order, dated 19-2-1984 passed by the High Court of Sind in First Rent Appeal No. 851 of 1982
MUHAMMAD HALEEM, C.J. ASLAM RIAZ HUSSAIN, SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
M. Shabbir Ghaury, Advocate-on-Record for Petitioner. Nemo for
Respondent

Mrs. SHAHNOOR FAZAL

VS

GHULAM AKBAR MANGI

Law:

Section:

Sind Rented Premises Ordinance (XVII of 1979)-----Ss. 14 & 15--Constitution of Pakistan (1973), Art. 185(3)--Ejectment on ground of personal requirement of premises by landlady--Order of ejectment made by Rent Controller set aside by High Court--Petitioner's counsel unable to convince Court as to how in absence of a specific pleading as to vacant premises not being sufficient for her needs she could seek ejectment of respondent from the disputed premises--Order of High Court, held, was unexceptionable--Petition for leave to appeal dismissed. ORDER MUHAMMAD HALEEM, C.J.-- Leave to appeal is sought against the order of the High Court, dated 19th February, 1984, by which First Rent Appeal No. 851 of 1982, was allowed and the ejectment application was dismissed. The order is challenged on the ground that the disputed premises was required in good faith for the residence of the petitioner whose husband had been promoted as Vice-President of the United Bank, and, accordingly, was not entitled to an official residence. The Rent Controller accepted the ground and ordered the ejectment of the respondent holding 'that whenever the disputed flat will be vacated then the applicant will shift to his own accommodation after joining both the flats together'. This was not the case of the petitioner in her application for ejectment nor in the affidavit filed by her husband who was her attorney, and it was only in…
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