| Citation(s) |
|---|
| 1995 SLG 1123 1995 SLD 1123 1995 CLC 1269 |
Lahore High Court
Write Petitioner No5543 of 1998 decided on 14-06-1994
MALIK MUHAMMAD QAYYUM, J
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Write Petitioner No5543 of 1998 decided on 14-06-1994
MALIK MUHAMMAD QAYYUM, J
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Taj MuhammaD€er
VS
Salahuddin and other€--Respondents
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance(VI of 1959)--S. 13(2)(vi)-Respondent of premises-Tenants against whom ejectment application were filed by landlord on ground of reconstruction of premises had contended that as building plan was sanctioned during pendency of ejectment proceeding before Rent Controller, ejectment of tenants could not be ordered---Contention of tenants was repelled on the ground that even if at time of filling of ejectment petitioner there was no sanctioned building plan yet by the time the order of ejectment of tenants was passed building plan had been sanctioned and thus requirement of S.13(2)(vi) stood satisfied. Haji Gul Muhammad V. Mst. Asmat Ara 1986 SCMR 1651 Ref. (b) West Pakistan Urban Rent Restriction Ordinance(VI of 1959) --S. 13(2)(vi)& (3) (i)-Respondents-Bona fide personal need of landlord-Tenants had contended that as landlord had pleaded personal need in addition to reconstruction of premises and plea of personal having not been proved landlord was liable to fail on second ground contention of tenants was not well founded as personal need and reconstruction were ground independent of each other and if landlord had not been able to establish his ground of personal need it would not necessarily follow that landlord did not require premises for reconstruction. Abdullah Baloch v. Adam Ali PLD 1961 SC 28 and Abdul Bari v. Khadim Hussain PLD 1978 SC 78 ref. Mian Nisar Ahmad and Sh. Muhammad Ashraf for Petitioner. Amir Alam Khan for Respondents Nos. 1 and 2. Date of hearing: 14th June, 1994. JUDGMENT This judgment shall dispose of W.Ps. Nos. 5543, 5544, 5545, 5546 and 5343 of 1988, which are directed against the same judgment of the learned Additional District Judge, and in which common questions arise for determination. 2. The petitioners in all these petitions are tenants under respondent Nos. 1 and 2 in respect of various parts of Property No. S-49-R-90-B, 90 Chamberlain Road, Lahore. These respondents filed separate applications against all the petitioners seeking their eviction from the properties in their occupation on the ground that they require the same for their own use and also for re-construction. The…
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