| Citation(s) |
|---|
| 2000 SLG 968 2000 SLD 968 2000 SCMR 1356 2000 SLD 1381 2000 SCMR 1356 |
Supreme Court of Pakistan
Civil Petition No.703-K of 1998, decision dated: 21st December, 1999.
SAIDUZZAMAN SIDDIQUI AND NASIR ASLAM ZAHID, JJ
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Civil Petition No.703-K of 1998, decision dated: 21st December, 1999.
SAIDUZZAMAN SIDDIQUI AND NASIR ASLAM ZAHID, JJ
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MUHAMMAD FARRUKH SIDDIQUI
VS
RTAZ AHMAD KHAN and another
Law:
Section:
Sindh Rented Premises Ordinance (XVH of 1979)--S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Shop in respect whereof ejectment was sought by the respondent landlord was jointly owned by respondents Nos. l & 2 and it was stated in the ejectment application that the shop was required for personal and bona fide need of respondent No. l as well as for the husband of respondent No.2---Power of attorney executed in favour of husband of respondent No.2 contained a clause which authorised him to file suits and applications and record showed that respondent No.2 had filed the ejectment application under her own signatures as well as in capacity of guardian of respondent No.1, who was described as a minor---Contention of tenant that husband of respondent No.2 could not institute the ejectment case as the power of attorney executed in his favour did not authorise him to file ejectment case was devoid of any force---Respondent had examined her attorney and his evidence was found by the two Courts below as consistent with the averments made in .e application---No case for interference with the two concurrent s of the Courts below having been made out, petition for leave to appeal was dismissed by Supreme Court. Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 21st January, 1999. JUDGMENT SAIDUZZAMAN SIDDIQUI, J. ---The petitioner is seeking leave to appeal against the judgment of a learned Judge in Chambers of High Court of Sindh dated 17-9-1998 whereby the appeal filed by the petitioner under section 21 of Sindh Rented Premises Ordinance, 1979 against the order of Rent Controller dated 29-8-1994 granting ejectment on the ground of personal and bona fide requirement of the shop in occupation of the petitioner was upheld. 2. In seeking leave to appeal the learned counsel for the petitioner has raised the following contentions:--- (i) That the ejectment application was incompetent as no application for ejectment could be filed by a person for the requirement of his stepfather or a brother; (ii) that the application was incompetently filed by a person who did not hold proper…
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