| Citation(s) |
|---|
| 1995 SLG 362 1995 SLD 362 1995 SCMR 1380 |
Supreme Court of Pakistan
C.P. No. 1492/1, of 1993, decided on 3rd May, 1995.
SAAD SAOOD, JAN, MANZOOR HUSSAIN SIAL AND ZIA MAHMOOD MIRZA, JJ
Ch. Muhammad Bakhsh, Advocate Supreme Court and Raja Maqbool Ahmed Qadri, Advocate on Record for Petitioner. Ch. Khalil ur Rehman, Senior Advocate Supreme Court and Ch. Mehtab Khan, Advocate on Record for
Respondent.
C.P. No. 1492/1, of 1993, decided on 3rd May, 1995.
SAAD SAOOD, JAN, MANZOOR HUSSAIN SIAL AND ZIA MAHMOOD MIRZA, JJ
Ch. Muhammad Bakhsh, Advocate Supreme Court and Raja Maqbool Ahmed Qadri, Advocate on Record for Petitioner. Ch. Khalil ur Rehman, Senior Advocate Supreme Court and Ch. Mehtab Khan, Advocate on Record for
Respondent.
MUHAMMAD IHSAN
VS
MUHAMMAD HAFEEZ --Respondents
Law: Constitution of Pakistan, 1973
Section: 185
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 Constitution of Pakistan (1973), Art. 185 Bona fide personal need of landlord Concurrent findings of three Courts below was that the landlord had established his personal need for the shop in question No misreading of evidence or non consideration of any material document which might have vitiated the said findings was pointed out Supreme Court declined interference. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 Bona fide personal need of landlord Ejectment proceedings ¬Mere pendency of the suit filed by the tenant against landlord relatable to the title of property in question, would be of no significance unless the suit raised serious doubt about landlord’s .title to the said property Neither the Rent Controller nor for that matter any other Authority or Court in that hierarchy would automatically stay ejectment proceedings. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 2(b) Province of West Pakistan (Dissolution) Order (1 of 1970), Art. 19 ‘Rent Controller’ Definition Notification issued by Province of West Pakistan appointing all Civil Judges as Rent Controllers continued to remain in force in the new Provinces including Punjab, same having been specifically saved by Art. 19, West Pakistan (Dissolution) Order and it was not necessary for the Government of the Punjab to issue a new notification appointing the Civil Judges as Rent Controllers under the Ordinance. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 2(j) =‘Urban area’ Definition ‘Municipality’ having not been defined by the West Pakistan Urban Rent Restriction Ordinance, 1959 either by itself or with reference to any other statutory instrument, it had therefore to be understood in its accepted sense City which is declared as a Metropolitan Area for the purpose of Local Government law does not cease to be a ‘municipality’ which is covered by the definition of ‘urban area’ as given in S.20), West Pakistan Urban Rent Restriction Ordinance, 1959. Even though the city has been declared a, Metropolitan Area…
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