| Citation(s) |
|---|
| 1992 SLG 830 1992 SLD 830 1992 CLC 1235 |
Lahore High Court
Writ Petition No. 124 of 1990, decided on 24th November, 1991. DATE of hearing: 20th November, 1991
IRSHAD HASAN KHAN, J
Raja Muhammad Anwar for Petitioner. Ch. A. Waheed Salim for
Respondent
Writ Petition No. 124 of 1990, decided on 24th November, 1991. DATE of hearing: 20th November, 1991
IRSHAD HASAN KHAN, J
Raja Muhammad Anwar for Petitioner. Ch. A. Waheed Salim for
Respondent
SHAFIQ AHMAD
VS
KHURSHID AHMAD
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Constitution of Pakistan (1973), Art. 199--Concurrent finding of fact relating to personal need of landlord not reviewable in exercise of Constitutional jurisdiction ---No misreading of evidence or omission to take into consideration any material evidence or violation of any rule of law laid down by superior Courts relating to appreciation of evidence or determination of personal bona fide need in the context of S.13, West Pakistan Urban Rent Restriction Ordinance, 1959, having been found, ejectment order in question, warranted no interference in Constitutional jurisdiction. Mst. Anwari Begum v. Noor Hasan 1984 CLC 265 and Mirza Farooq Beg v. Muhammad Arif PLD 1981 Kar. 67 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Bona fide personal need of landlord or any of his children---Mere fact that son of landlord was holding licence to practise legal profession would not ipso facto debar him for ejectment of tenant on ground that premises in question was required by him in good faith for his own use or for use of any of his children. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- -----S. 13---Bona fide personal need of landlord's son---Fact that landlord's son was holding licence for legal practice would not debar him for starting business in shop in question---Person holding licence for legal practice was not obliged to seek suspension of his licence the moment his father had filed ejectment application for vacation of his shop for bona fide use of his Advocate son--Landlord's son could get his licene suspended at any time, the shop in question was vacated; he was not obliged to sit idle and wait for vacation of shop. Sheikh Muhammad Yousuf v. District Judge, Rawalpindi 1987 SCMR 307 and Haji Muhibullah & Co. v. Khawaja Bahauddin 1990 SCMR 1070 ref: (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13--Bona fide need of landlord's son---Landlord had prerogative to select shop which was required for his personal need or need of his son---Plea of sale of another shop not in possession of landlord was not a…
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