1988 PLP 1211 (SCMR)
MANZOOR AHMAD and others‑‑Petitioners Versus THE DISTRICT JUDGE, OKARA and others Respondents
| Citation | 1988 PLP 1211 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | MANZOOR AHMAD and others‑‑Petitioners Versus THE DISTRICT JUDGE, OKARA and others Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 1211 (SCMR)?
This judgment primarily cites: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1211 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1211 (SCMR) (MANZOOR AHMAD and others‑‑Petitioners Versus THE DISTRICT JUDGE, OKARA and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch., Muhammad Abdus Saleem, Advocate Supreme Court instructed by Muhammad Aslam Choudhry, Advocate‑on‑Record for Petitioners.
- Mian Saeedur Rehman Farukh, Advocate Supreme Court instructed by Sh. Salahuddin, Advocate‑on‑Record for Respondents Nos. 2 to 6.
- Nemo for Respondent No.1.
- Date of hearing: 30th April, 1988.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 1st December, 1987 in W.P. No.2380 of 1986). ‑‑‑S.13(3)‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Ejectment‑ Personal need‑‑ Landlord himself occupying a rented premises, effect of‑‑Landlord himself using rented premises was held by High Court to be entitled to get tenant evicted from his shop which was required by him for personal use‑‑Order impugned‑‑Plea that landlord was carrying on his business in a rented shop and had not been evicted therefrom, repelled‑‑Held: This was no ground for grant of leave to appeal, such point having already been decided by Supreme Court no point of law was involved‑‑Petition dismissed. Abdul Aziz v. Muhammad Ibrahim P L D 1977 S C 442 and Mumtaz Hussain v. Muhammad Iqb&al 1984 S C M R 576 rel.
Judgment & Decree
JAVID IQBAL, J.‑‑This petition has been filed by the petitioners and is directed against the judgment of the Lahore High Court, Lahore, dated 1st December, 1987. Briefly the facts are that the petitioners were carrying on business in the rented shop belonging to the respondents. The respondents filed an eviction application inter alia on the ground that the premises were needed for the personal use of the respondents. The Rent Controller dismissed the application of the landlords but on appeal the District Judge reversed the finding of the Rent Controller on the ground that the personal need was genuine as the landlords were using rented premises and were entitled to get the petitioners evicted from their shop which was required for their personal use. Learned counsel for the petitioners argued before us that the respondents were carrying on their business in a rented shop and that they had not yet been evicted from that shop by the landlord of that shop. This is no ground for the grant of leave because this point has already been decided in Abdul Aziz v. Muhammad Ibrahim P L D 1977 S C 442 as well as Mumtaz Hussain v. Muhammad Iqbal 1984 S C M R
576. Since no law point is involved in this case the petition is dismissed. Three months time is granted to the petitioners to vacate the disputed shop on their regularly paying the rent and vacating the same without protest as well as execution proceedings as this has been also conceded .to by the learned counsel for the respondents. M.I. /M‑442/S Petition dismissed.