Case Details

Citation(s)
1997 SLG 817 1997 SLD 817 1997 CLC 1543
Lahore High Court
Writ Petition No.652-Rent of 1994/BWP, heard on 13-05-1997
GHULAM SARWAR SHEIKH, J
Syed lqbal-ud-D;.. Ahmad for Petitioner. Muhammad Abdul Aleem Qureshi for Applicants. Ahmad Mansoor Chishti for
Respondent No, 3

Malik MUHAMMAD YASIN-

VS

ADDITIONAL DISTRICT JUDGE, BAHAWALPUR and 2 others

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), 0.1, R. 10---Constitutional petition---Application under Oil, R. 10, C.P.C. seeking to be impleaded in Constitutional petition by persons claiming to be co-owners of landlord, refuting exclusive ownership of landlord with regard thereto and disclosing pendency of civil suit in that regard---Validity---Such application seemed to be afterthought affair and figment of imagination of not only applicants but also of tenant to cause prolongation of matter---Question of co-ownership or title of property was beyond domain of Rent Controller and extraneous to proceedings under West Pakistan Urban Rent Restriction Ordinance, 1959, having no nexus therewith---Relationship of landlord and tenant which was "sine qua non" for eviction proceedings stood admitted and there was no cavil to that effect---Rent deed conclusively affirmed the same--­Application in terms of 0.1, R. 10, C.P.C. was, thus, not warranted and was turned down in circumstances. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----(. 13---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Bona fide personal need of landlady---Both forums below had ordered ejectment of tenant on such ground ---Landladv being old woman and widow, issueless, all alone and having no other house and property, presently residing with her relations had every right to occupy building, which hitherto was house and portion thereof, was being used for commercial purpose in violation of law and public policy---Orders of ejectment passed by forums below were well-reasoned and in accordance with principles of law---No interference was, thus, warranted in circumstances. Rana Khalil-ur-Rehman v. Additional District Judge, Lahore and 2 others PLD 1983 Lah. 331; 1981 CLC 562; 1980 SCMR 590; PLD 1965 Quetta 21; PLD 1965 Lah. 385 and PLD 1981 SC 246 rel. Sh. Muhammad Bashir v. Ghulam Rasool 1988 CLC 1696 and Zahoor Ahmed v. Asad Anees Ansari 1997 CLC 33 ref. JUDGMENT This Constitutional petition assails orders dated 7-7-1993 and 24-2-1994 passed,…
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