Case Details

Citation(s)
1989 SLG 1637 1989 SLD 1637 1989 SCMR 1370
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos.455-K and 24-K of 1987, decision dated: 16-12-1987
ABDUL QADIR SHAIKH, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ

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ZAHEER AHMAD KHAN

VS

Mst. AMINA BEGUM

Law: Constitution of Pakistan, 1973

Section: 185(3)

Sind Rented Premises Ordinance (XVII of 1979)--S.15--Constitution of Pakistan (173), Art.185(3)--Tenant's eviction on ground of bona fide requirement of landlady's son and for default in payment of rent-­Eviction order maintained by High Court in appeal--Issues of personal requirement and default in payment of rent having been decided concurrently by two Courts below on the basis of evidence, and no question of law having arisen in the case, petitions against eviction required no consideration and were dismissed--Leave refused. Asghar Hussain, Advocate Supreme Court and Faizanul Haq, Advocate­on-Record for Petitioner. Nemo for Respondent. Date of hearing: 16th December, 1987. ORDER S. A. NUSRAT, J.--This order will dispose of the above two petitions, which though arise out of two separate proceedings filed under the Sind Rented Premises Ordinance, but relate to the same premises and are between the same parties. 2. The dispute in the case relates to a shop owned by the respondent. By an application made under section 15 of the Sind Rented Premises Ordinance, abetment of the petitioner was sought by the respondent from the said premises on the ground that the shop was required by the respondent for the use of her son namely Noor Ahmad, who wanted to start his own business. The application was resisted by the petitioner whereupon an issue `whether the disputed shop was required by the respondent in good faith for the use of her son Noor Ahmad', was framed by the Rent Controller. After recording the evidence of the parties, the issue was decided in favour of the landlady and the Rent Controller ordered the eviction of the petitioner from the shop in question. The order of the Rent Controller was…
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