Case Details

Citation(s)
1991 SLG 1490 1991 SLD 1490 1991 SCMR 2006
Supreme Court of Pakistan
Civil Petition No.130-Q of 1990, decision dated: 4-06-1991(Against the judgment and order dated 29-11-1990 of the High Court of Balochistan, in FA.O. No. 95 of 1990)
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDHRY, J

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ALI JAN

I.ATIF ULLAH SHAH and others

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13---Constitution of Pakistan (1973), Art.l85(3)---Bona fide personal requirement of son of landlord and reconstruction of premises---Proof--- Bona fide requirement of son of landlord had been established by two Courts below--­Obtaining of a licence was not a prerequisite for 'raising the construction---Bona fide requirement of landlord for reconstruction of an old building and settling his son to run a clinic having been established if another son was accommodated in the same premises, landlord's contention of bona fide requirement would not be negatived---Two Courts below had concurrently allowed landlord for reconstruction of old building and accommodating his son---No infirmity in order of High Court having been pointed out, leave to appeal was refused. ORDER ABDUL QADEER CHAUDHRY, J.---Leave to appeal is sought against the judgment of the High Court dated 29-11-1990. ' 2. The facts, in brief, are that an eviction application was filed by the respondents against the petitioner on the grounds of requirement of the shop for the use of his son Dr. Naseeb Ullah for running a clinic and for the re­construction of the said property for the said purpose. The application was contested. The Rent Controller on 11-1-1990 passed an order of eviction against the petitioner. The petitioner's appeal before the High Court was dismissed. Hence the present petition. 3. Learned counsel for…
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