Case Details

Citation(s)
1991 SLG 1453 1991 SLD 1453 1991 SCMR 1917
Supreme Court of Pakistan
Civil Petition No.1116 of 1989, decision dated: 31st October, 1989(From the judgment of the Lahore High Court. dated 3-9-1989, in W.P. 7 No.4693 of 1989)
NASIM HASAN SHAH AND GHULAM MUJADDID, JJ

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MUHAMMAD SHARIF

ADDITIONAL DISTRICT JUDGE and others

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--Ss. 13(3) & 14---Constitution of Pakistan (1973), Art. 185(3)---Second ejectment application, maintainability of---First ejectment application was filed on ground of personal use of landlord while second application filed after seventeen years was for landlord's own as well as for his son's requirement--­Held, no time limit, could be fixed for changed circumstances for personal requirement, but all that was required would be that Court must make sure that requirement of landlord was genuine---Where Court had assured itself about genuineness of request by landlord, leave to appeal against orders of Courts below was refused---Contention that, second application was not maintainable was repelled. ORDER GHULAM MUJADDID, J.---On 4-5-1989, Rent Controller, Lahore, ordered ejectment of Muhammad Sharif petitioner from shop in property No.C/1045, Chata Bazar, Lahore. He appealed to the District Judge. On 5-6-1989, the Additional District Judge dismissed the same. Muhammad Sharif invoked the Constitution jurisdiction of the Lahore High Court. The…
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