| Citation(s) |
|---|
| 1988 SLG 2154 1988 SLD 2154 1988 SCMR 416 |
Supreme Court of Pakistan
Civil Petition No. 774 of 1987, decided on 22nd December, 1987. (From the judgment Dated 30-6-1987 of the Lahore High Court in Writ Petition No. 2437 of 1986). Date of hearing: 22nd December 1987.
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD JAN, JJ
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Civil Petition No. 774 of 1987, decided on 22nd December, 1987. (From the judgment Dated 30-6-1987 of the Lahore High Court in Writ Petition No. 2437 of 1986). Date of hearing: 22nd December 1987.
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD JAN, JJ
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Mst. TAYYABA and others—ers
VS
Ch. FAZAL ELAHI and others--Respondents
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S.13--Ejectment of tenant ordered by Rent Controller on ground that the house in dispute was needed by landlord for purpose of reconstruction--District Judge on appeal thinking that the reconstruction intended to be undertaken could be carried out without evicting tenant set aside order of Rent Controller-- High Court, in constitutional jurisdiction, on finding that Appellate Court had misread the record declared its order to be without lawful authority and restored that of Rent Controller--High Court, held, was right in finding that the Lower Appellate Court had misread the record, for proposed construction could not be carried out without getting the house vacated--Leave to appeal refused. ORDER SAAD SAOOD JAN, J--The petitioners are occupying a house as tenant under respondent No.1 who filed an application for their eviction. One of the pleas taken by respondent No.1 was that he needed the house for the purpose of reconstruction. The Rent Controller found merit in this plea and allowed the application. On appeal the Additional District Judge thought that the reconstruction intended to be undertaken by respondent…
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