| Citation(s) |
|---|
| 1990 SLG 785 1990 SLD 785 1990 SCMR 777 |
Supreme Court of Pakistan
Civil Appeals Nos. 37-Q of 1988 and 6-Q of 1989, decision dated: 28-09-1989.
MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
Muhammad Aslam Chishti, Advocate Supreme Court and Mehta K. N. Kohli, Advocate-on-Record for Appellant (in CA. 37-Q of 1988). Basharatullah, Advocate Supreme Court and Iftikhar Muhammad, Advocate-on-Record for
Respondents (in CA. 37-Q of 1988). Tariq Me
Civil Appeals Nos. 37-Q of 1988 and 6-Q of 1989, decision dated: 28-09-1989.
MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
Muhammad Aslam Chishti, Advocate Supreme Court and Mehta K. N. Kohli, Advocate-on-Record for Appellant (in CA. 37-Q of 1988). Basharatullah, Advocate Supreme Court and Iftikhar Muhammad, Advocate-on-Record for
Respondents (in CA. 37-Q of 1988). Tariq Me
Mst. SHAMIM AKHTAR-
VS
MINHAJUL. ABIDIN KHAN and others AURANGZAIB and others vs GHULAM AMIR--Respondent
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13---Leave to appeal was granted to examine, whether the word "children" used in S. 13 (3)(a)(i)(a) and in S. 13 (3)(a)(ii)(a) of West Pakistan Urban Rent Restriction Ordinance, 1959, excludes the "stepson". (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S. 13---Ejectment of tenant from premises for bona fide need of landlord--Statement of facts contained in ejectment application, which was admitted as correct by the tenant showed that the premises were required for the need of one of the co-owners and not of the step-son of owner/landlady---Rent Controller and the High Court thus formed an incorrect impression in determining that the need of step-son was involved in the ejectment petition---Finding of lower forums was thus not sustainable in law. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S. 13 (3)(a)(ii)--Personal need of landlord---Denial of right--Law deprives landlord of the right of getting the property on the ground of personal need if before the institution of application or when the Rent Controller was passing order of eviction, he had vacated such a building or rented land without sufficient cause in the particular urban area. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S- 13---Ejectment for personal bona fide need of landlord---Landlord failing to utilize the premises for the purpose for which the same was got vacated---Remedy---Tenant has the option to move the Rent Controller for getting the possession restored and landlord to be dealt with in accordance with law. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted in two appeals to examine a common question of law arising therein namely, whether the word "children" used in section 13 subsection (3) clause (a) subsection (i)(a) and in Section 13 subsection (3) clause (a) sub-clause (ii)(a) of the Rent Restriction Ordinance, excludes the `step-son'. 2. In Civil Appeal No. 37-Q of .1988, Muhammad Usman the husband of Mst. Shamim Akhtar, appellant, was the transferee of evacuee Shop No. 3-1/74 situate on Liaquat Road, Sibi. Muhammad Usman had three…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492