| Citation(s) |
|---|
| 2006 SLG 1531 2006 SLD 1531 2006 PLD 422 |
Supreme Court of Pakistan
Civil Petition No.439-L of 2005, decision dated: 30-01-2006. (On appeal from the judgment/order dated 4-3-2005 passed by Lahore High Court Lahore in W.P. No.13782 of 2003).
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. AND TASSADUQ HUSSAIN, JILLANI, J
Dr. A. Basit, Advocate Supreme Court. Malik Muhammad Qayyum, Advocate Supreme Court.
Civil Petition No.439-L of 2005, decision dated: 30-01-2006. (On appeal from the judgment/order dated 4-3-2005 passed by Lahore High Court Lahore in W.P. No.13782 of 2003).
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. AND TASSADUQ HUSSAIN, JILLANI, J
Dr. A. Basit, Advocate Supreme Court. Malik Muhammad Qayyum, Advocate Supreme Court.
MUNIR AHMAD NAULAKHA and others
VS
Ch. MUHAMMAD DIN and others MUNIR AHMAD NAULAKHA and others vs Ch. MUHAMMAD DIN and others
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------Ss. 2(d)(g), 19, 11 & 13---Bona fide personal need of landlord---Status of non-residential building cannot be changed into residential building, notwithstanding the fact whether commercial activity is going on therein or not---Section 11 of the West Pakistan Urban Rent Restriction Ordinance, 1959 prohibits conversion of residential building and non-residential building, subject to permission in writing of the Rent Controller---Principles. Status of a residential building is distinct and different from non-residential building. So far as the non-residential building is concerned, definition given in S.2(d)(g) of the West Pakistan Urban Rent Restriction Ordinance, 1959 includes the buildings which are used for commercial purposes e.g. shops etc. whereas residential building includes the area which meant/declared for dwelling purposes. From the above definition yet another type of building can be identified namely 'composite building' which includes its residential and non-residential portions. The flats, subject-matter of the proceedings were located on the first floor of the building, whereas there were statedly a good number of shops on the ground floor. Thus the status of the portion of the building i.e. residential and non-residential, would remain intact, unless changed otherwise. At this juncture, reference to section 11 of the Ordinance would not be out of context, which prohibits conversion of residential building and non-residential building, subject to permission in writing of the Controller. Violation of this section calls for imposition of penalty under section 19 of the Ordinance. Status of non-residential building cannot be changed into residential building, notwithstanding the fact whether commercial activity is going on therein or not. Landlord had no authority to convert flats, into non-residential premises for the reason that the tenant had already running an office because such activity can be considered as an ancillary one, in a building which is otherwise a residential building. Qurban Khan v. Begum M.M. Sharif 1980 SCMR 590; Amjad Ali Shah v. Iqbal Ahmad Farooqi PLD 1985 SC…
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