| Citation(s) |
|---|
| 1990 SLG 994 1990 SLD 994 1990 SCMR 1221 |
Supreme Court of Pakistan
Civil Appeal No.25-Q of 1988, decision dated: 27-09-1989.
MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
Tariq Mahmood, Advocate Supreme Court/Advocate-on-Record for Appellants. Basharatullah, Advocate Supreme Court and Iftikhar Muhammad, Advocate-on-Record for
Respondents.
Civil Appeal No.25-Q of 1988, decision dated: 27-09-1989.
MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
Tariq Mahmood, Advocate Supreme Court/Advocate-on-Record for Appellants. Basharatullah, Advocate Supreme Court and Iftikhar Muhammad, Advocate-on-Record for
Respondents.
Mst. FATIMA and 3 others
VS
Malik ABDUL WAHID (deceased) through his L.Rs.-
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-Β-----S.2(f)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether High Court had by its correctly interpreted the lease agreements to hold that "the property leased out fell within the definition of rented land" under the Ordinance VI of 1959. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S.2(f)---Words "buildings" and "rented land"---Connotation---Lease deeds between parties---Effect---Rent Controller's jurisdiction---Extent---Rent Controller's jurisdiction under Rent Restriction Ordinance extends to "buildings" and "rented land"---"Building" has been defined to exclude vacant site and has been classified into "residential buildings" and "non-residential buildings", "sheduled buildings" and "non-sheduled buildings"---Earlier lease deed between the parties, permitting sub-letting of houses which were to be constructed by the lessee led the lessor to argue that land had been leased out for purpose of business also, but no such conclusion could be drawn by reference to subsequent lease deed which superseded the earlier one---Subsequent lease deed did not contain any reference to the nature of the use of the land but also prohibited letting out of it---Record did not show that there was any other agreement or arrangement whereby the lease was permitted to be so utilized as to make it rented land---Fair and proper interpretation of the subsequent lease deed was that the land was not leased out or rented out principally for trade or business and did not fall within the definition of `rented land'---Rent Controller thus, could exercise no jurisdiction over the matter.--[Words and phrases]. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to the tenants to examine whether the High Court of Balochistan has by its judgment dated 14-1-1988 correctly interpreted the lease agreement dated 8-10-1936 and 11-12-1939 to hold that the property leased out fell within the definition of rented land under the Rent Restriction Ordinance. 2. Noor Din the predecessor-in-interest of the appellants executed a rent deed on 8-10-1936 and another onβ¦
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