| Citation(s) |
|---|
| 2002 SLG 1319 2002 SLD 1319 2002 SCMR 1112 |
Supreme Court of Pakistan
Civil Petition No.386-K of 2001, decision dated: 5-12-2001.(On appeal from the judgment dated 27-4-2001 passed by the High Court of Sindh, Hyderabad Circuit in R.F.As. Nos.51 and 53 of 1996)
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MINA, JJ
Abrar Hasan, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner.
Civil Petition No.386-K of 2001, decision dated: 5-12-2001.(On appeal from the judgment dated 27-4-2001 passed by the High Court of Sindh, Hyderabad Circuit in R.F.As. Nos.51 and 53 of 1996)
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MINA, JJ
Abrar Hasan, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner.
MAQSOOD AHMAD
VS
KHALID HUSSAIN KHAN and others
Law:
Section:
Sindh Rented Premises Ordinance (XVIU of 1979)---S. 15---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Bona fide personal need of landlord---Entitlement of co-sharer to ejectment on personal requirement---High Court allowed appeal filed by co-owners of the premises and modified the order passed by Rent Controller---Validity---High Court had properly assessed the evidence on record and legally and equitably came to the conclusion that the co-owner had proved his requirement in good faith---Where no misreading or non-reading or misapplication of law was pointed out. Supreme Court declined to interfere---Leave to appeal was refused. JUDGMENT HAMID ALI MIRZA, J.---This civil petition for leave to appeal is directed against the judgment dated 27-4-2001 in R.F.As. Nos.51 and 53 of 1996 passed by learned Judge in Chambers of the High Court of Sindh, Circuit Bench Hyderabad, whereby the said appeals filed by the respondents were allowed with modification in the judgment of the learned Rent Controller dated 8-9-1996 that the respondent No. 1 Khalid Hussain has made out a case for personal bona fide need being co-sharer alongwith others in all the shops with the respondents viz. Aurangzeb Khan and Shahid Hassan Khan hence it would be fair and equitable that he is given vacant possession of the shop adjacent to Shalimar Cloth House who be put in possession within three months from the date of judgment, hence this petition is filed by the petitioner/tenant. 2. The facts of the case are not disputed hence the same are not being…
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