Case Details

Citation(s)
1963 SLG 469 1963 SLD 469 1963 PLD 466
Supreme Court of Pakistan
Civil Appeals Nos. 43 and 44 of 1962, decided on 30th May 1963.
A. R. CORNELIUS, C.J., S. A. RAHMAN AND FAZLE-AKBAR, JJ
Mohammad Ali Senior Advocate Supreme Court (R. A. Jeremey Advocate Supreme Court with him) instructed by Zahir Abbas Attorney for Appellants. Ghias Muhammad Senior Advocate Supreme Court (Amjad Ali Indrabi Advocate Supreme Court with him) instructed by M

Civil Appeal No. 43 of 1962 Sh. MUHAMMAD IKHLAS AND others

VS

MUHAMMAD ISMAIL--Respondent AND Civil Appeal No. 44 of 1962 Sh. MUHAMMAD IKHLAS AND others--Appellants vs MUHAMMAD NAWAB---Respondent

Law:

Section:

(a) Civil Procedure Code (V of 1908), O. XLl, r. 27(1), (2)--- Appeal-Additional evidence-Reasons must be stated-Mere repetition of words of sub-rule (1) not enough-Reasons must be factual, leading to inference of necessity of proper determination "Other substantial cause"-Meaning-Additional evidence, where there was enough material on record for determination of case, to be "ignored altogether". (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15-Second appeal to High Court-Governed by Ss. 100 & 101, Civil Procedure Code (V of 1908)-Concurrent finding of fact (necessity of landlord) arrived at by Controller and District Judge cannot be disturbed in such appeal-[Abdul Majid v. Khalil Ahmad P L D 1955 F C38 ref.] JUDGMENT CORNELIUS, C. J.----In these two appeals by special leave, the appellants are four persons who are landlords as against Muhammad Ismail, the tenant in the first appeal, and Muhammad Nawab, the tenant in the second appeal. Each case arises out of an application by the landlords for ejectment of the tenant, from a shop occupied by him opening on the well-known Anarkali Bazar in Lahore City. Lying between the two shops is the entrance to business premises occupied by the landlords themselves, the frontage of this entrance being apparently of the same dimensions as those of the two shops, but there being larger offices within, as well as, it is said for the respondents, a show room. The landlords sought ejectment of each of the two tenants as well as of a third tenant, Shah Din, by means of application filed at the same time, alleging, firstly, default by the tenant in payment of rent over a considerable period, and secondly, a bona fide need by the landlords themselves, their intention being to alter the frontage so as to provide their own shop with a "show room" this allegation being supported by the statement that they had no other equivalent place in Lahore City which could be used as such "show room". In each case, the reply was similar, namely, that the tenant had made an application for assessment of fair rent, that the landlords had been refusing to receive the rent offered to them by the tenant, and the tenant had…
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