| Citation(s) |
|---|
| 2006 SLG 2725 2006 SLD 2725 2006 SCMR 1483 |
Supreme Court of Pakistan
Civil Petition No.577-K of 2003, decision dated: 22-07-2004 (On appeal from the judgment dated 25-6-2003 passed by High Court of Sindh, Hyderabad Bench passed in F.R.A. No.1 of 2003)
HAMID ALI MIRZA AND MUHAMMAD NAWAZ ABBASI, JJ
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Civil Petition No.577-K of 2003, decision dated: 22-07-2004 (On appeal from the judgment dated 25-6-2003 passed by High Court of Sindh, Hyderabad Bench passed in F.R.A. No.1 of 2003)
HAMID ALI MIRZA AND MUHAMMAD NAWAZ ABBASI, JJ
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HUSSAINI
VS
MUKARRAM ALI
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)------S. 15(2)(ii)(vii)---Constitution of Pakistan (1973), Art.185(3)---Default in payment of rent---Bona fide personal need of landlord--Ejectment order passed by Rent Controller was upheld by High Court---Findings of fact arrived at by Courts below were not suffering from any legal or factual infirmity---Supreme Court dismissed petition, refused leave to appeal, but with consent of landlord granted six months period to tenant to vacate premises. Abdur Rahim Qazi, Advocate Supreme Court for Petitioner. Abdul Qadir Khan, Advocate Supreme Court and A.A. Khan, Advocate-on-Record for Respondent. Date of hearing: 22nd July, 2004. JUDGMENT HAMID ALI MIRZA, J.--- This civil petition for leave to appeal is directed against the judgment, dated 25-6-2003 in F.R.A. No.1 of 2003 passed by a learned Judge in Chambers of High Court of Sindh, Karachi, whereby the said F.R.A. was dismissed maintaining the order of ejectment, dated 28-3-2003 passed by Rent Controller, Hyderabad. 2. The facts of the case need not to be reiterated as the same are given in the memo. of petition and the impugned judgment. The learned Rent Controller allowed the eviction application of respondent in respect of Shop No.2, Ground Floor, Hussaini Plaza, Sadar, Hyderabad, against the petitioner-tenant on the ground of personal need and default in payment of rent. The said findings were affirmed by the learned Judge in chambers of High Court of Sindh, Hyderabad Circuit, as per the impugned judgment. 3. Learned counsel for the petitioner has submitted that the findings of learned Judge in chambers and that of the Rent Controller A…
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