| Citation(s) |
|---|
| 1988 SLG 330 1988 SLD 330 1988 PLD 734 |
Supreme Court of Pakistan
Civil Petition No.637 of 1988, decision dated: 29-08-1988.
MUHMMRTAD AFZAZ ZUZZAH AND SAAD SAOOD, JAN, JD
Ch.Khalilur Rahman, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate-on-Record. Bashir A. Mujahid, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record.
Civil Petition No.637 of 1988, decision dated: 29-08-1988.
MUHMMRTAD AFZAZ ZUZZAH AND SAAD SAOOD, JAN, JD
Ch.Khalilur Rahman, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate-on-Record. Bashir A. Mujahid, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record.
PARVAIZ AKHTAR
VS
Dr. MUHAMMAD AHSAN and others
Law:
Section:
(a) Cantonments Rent Restriction Act (XI of 1963)-----S.17--Owner of a commercial premises, by a family arrangement gifted 2/3rd share in the premises to her two sons and subsequently all three of them filed a joint application for eviction of tenant mainly on the ground that it was required by one of them (son) for setting up a medical clinic--Contention by tenant that as the gift made by mother in favour of her sons was not approved by the Cantonment Board it was invalid--Held, validity or invalidity of the gift was a matter between the landlords and the Cantonment Board and tenant being an outsider had no locus standi to call in question its validity.-[Locus standi]. [p. 735] A (b) Cantonments Rent Restriction Act (XI of 1963)-- ---8.17(4) (b)--Eviction application--Commercial building--Premises required fbr personal need was not required by all the three owners jointly but only by one of them--Effect--Held, one of the landlords could take advantage of S.17(4)(b) particularly, when the other co-sharers had joined him in seeking eviction of the tenant. [p. 735] B (c) Cantonments Rent Restriction Act (XI of 1963)-- ---S.17(4)(b)--Requirement of premises on ground of personal need of landlord--Contention of tenant raising a question of fact that premises was not required bona fide by landlord for his clinic as he was an inexperienced doctor and was in Government service--High Court, having appreciated the evidence led by the parties recorded a finding adverse to the tenant, which suffered from no infirmity-Supreme Court declined interference. [p. 736] C ORDER SAAD SAOOD JAN, J.--The petitioner is a tenant in a commercial premises formerly owned by Mst. Nazira, respondent No.3. respondents Nos.l and 2 are her sons. By a family arrangement she transferred 2/3rd share in the premises to her sons. Subsequently, all the three respondents filed a joint application for the eviction of the petitioner mainly on the ground that it was required by one of them namely, respondent No.l, for setting up a medical clinic. The application was dismissed by the' Rent Controller, Multan Cantonment. The respondents filed an appeal before the High Court. A learned Single Judge…
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