| Citation(s) |
|---|
| 1998 SLG 1193 1998 SLD 1193 1998 PLD 177 |
Lahore High Court
Second Appeal from Order No. 31 of 1997, decided on 20th October, 1997.
MALIK MUHAMMAD QAYYUM, J
Ijaz Feroze for Appellant. Ghulam Nabi Bhatti for
Respondents
Second Appeal from Order No. 31 of 1997, decided on 20th October, 1997.
MALIK MUHAMMAD QAYYUM, J
Ijaz Feroze for Appellant. Ghulam Nabi Bhatti for
Respondents
Prof. (Retd.) MASOODUL HASSAN
VS
MUHAMMAD IQBAL
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ----S. 13---Bona fide personal need of landlord---Need of landlord and that of his children and wife---Inconsistency between averments in ejectment application and in deposition of landlord before Rent Controller relating to his need--Effect---Landlord in his ejectment application had pleaded that shop in question, was required for the use of his wife and children whereas his assertion in evidence that he needed demised shop for his own need, would not disentitle him to get ejectment of tenant on personal need---Need of children was nothing but extension of need of landlord, therefore, question of inconsistency would not arise---Landlord need not spell out details of his personal need and ejectment application could not be dismissed on the ground that in application need of one person had been pleaded while during evidence need of another person was stated---Landlord's personal need of premises, thus, stood proved in circumstances. Zahoor Din v. Mirza Ayub Baig 1981 SCMR 1081; Dilshad Muhammad v. Mst. Zubaida Begum 1981 SCMR 895; Abdul Salam Akhtar v. Dr. Najam Pervaiz 1976 SCMR 52; Malik Nisar Muhammad and another v. Abdul Rauf 1972 SCMR 561; Mst. Mumtaz Nasim v. Additional District Judge and others 1992 CLC 306 and Wali Muhammad v. Zainab Khatoon 1983 CLC 321 rel. Punjab Hardware and Machine Tools Ltd., Karachi v. Wazir Ali PLD 1976 Kar. 233; Amir Ali v. Mrs. Alima Ahmad PLD 1981 Kar. 150 and Haji Lal Bux v. Mistry Allahdad 1980 CLC 984 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ----S. 13---Civil Procedure Code (V of 1908), Preamble---Applicability of rules of Civil Procedure Code to ejectment cases---Extent---Technical rule of pleadings laid down in Civil Procedure Code, 1908, were not applicable to proceedings before Rent Controller and could not be made basis for denying relief to suitor. (c) Administration of justice-- ---- Court would be entitled to take notice of events which took place during pendency of proceedings so as to avoid multiplicity of litigation and to cut short the dispute. Mst. Amina Begum and others v. Mehar Ghulam Dastigir PLD 1978 SC 220; Sh.…
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