| Citation(s) |
|---|
| 1987 SLG 849 1987 SLD 849 1987 PLD 20 |
Supreme Court of Pakistan
Civil Petition No. 262-R of 1986, decision dated: 5-11-1986. (On appeal from the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 14-10-1986 passed in Writ Petition No. 571/86)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Raja Muhammad Bashir, Advocate Supreme Court instructed by Khan Imtiaz Muhammad Khan, Advocate-on-Record. Nemo.
Civil Petition No. 262-R of 1986, decision dated: 5-11-1986. (On appeal from the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 14-10-1986 passed in Writ Petition No. 571/86)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Raja Muhammad Bashir, Advocate Supreme Court instructed by Khan Imtiaz Muhammad Khan, Advocate-on-Record. Nemo.
MUHAMMAD YUSUF AND AN01HERs
VS
MUHAMMAD SARFRAZ CHEEMA, ADDITIONAL DISTRICT JUDGE AND OTHERS
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-S. 13 (2) (vi)-Punjab Urban Rent Restriction (Amendment) Ordinance (I of 1978), S. 7 --Punjab Urban Rent Restriction (Amendment) Ordinance (1X of 1979), S. -Ejectment on ground of requirement of property by landlord for reconstruction - Words "reasonably and in good faith" occurring in cl. (vi) of S. 13 (2) omitted while substituting said clause by Amending Ordinance of 1978-Amending Ordinance of 1979 repealing Ordinance of 1978 with the result that legal position continued to remain same i. e. landlord seeking ejectment of his tenant on ground of reconstruction has to plead and prove all requirements of cl. (vi) of S. 13 (2) as existing prior to promulgation of Amending Ordinance of 1978, viz., "reasonably and in good faith".-[Interpretation of statutes]. Ghulam Muhammad v. Maqsood Ahmad 1984 S C M R 1142 held not correctly decided. (b) Constitution of Pakistan (1973)- --- Arts. 185 (3) & 199-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (2) (vi)-Ejectment on ground of reconstruction of property - Question whether property was required for purpose of reconstruction by landlord reasonably and in good faith, held, was one of fact-Landlord leading evidence to show that shop in dispute was in a poor state of repair and producing copy of plan approved by local town committee for reconstruction of shop Additional District Judge and Rent Controller accepting such evidence and recording a finding in favour of landlord-Such concurrent finding, held, could not be interfered with in writ jurisdiction and High Court acted properly in not interfering with order of ejectment-Petition for leave to appeal dismissed. Ghulam Muhammad v. Maqsood Ahmad 1984 S C M R 1142 held not correctly decided. JUDGMENT SAAD SAOOD JAN, J.-The petitioners in this petition for leave to appeal were tenants in a shop situate in Usmania Bazar of Pind Dadan Khan under Haji Allah Dia, respondent No. 3. On 10-5-1983 Haji Allah Dia moved an application seeking their ejectment before the Rent Controller on three grounds namely, that they were defaulters in the payment of rent ; that he needed the shop for personal…
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