1991 PLP 1645 (SCMR)
HABIB KHAN — Petitioner Versus Haji HAROON-UR-RASHID — Respondent
| Citation | 1991 PLP 1645 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and S. Usman Ali Shah, JJ |
| Parties | HABIB KHAN — Petitioner Versus Haji HAROON-UR-RASHID — Respondent |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 1991 PLP 1645 (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 1991 PLP 1645 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and S. Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1645 (SCMR) (HABIB KHAN — Petitioner Versus Haji HAROON-UR-RASHID — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Shakirullah Jan, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 9th January, 1990,
- Mian Shakirullah Jan, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment dated 14-1-89 of the High Court Peshawar in SAO No.3 of 1988).
Ss. 13 & 14
Civil Procedure Code (V of 1908), S.11
Constitution of Pakistan (1973), Art. 185(3)
Finding of Rent Controller that petitioner required premises in dispute for his personal use in good faith was set aside by High Court on the ground that in earlier proceedings under Provincially Administered Tribal Areas Regulation, plea of petitioner regarding personal bona fide need had not been accepted, as such those proceedings had operated as res judicata
Petitioner contended that High Court without applying independent mind and simply relying on judgment passed by Riwaji Courts which otherwise was not unanimous, had set aside findings of Rent Controller arrived at by him after applying independent mind to facts of case
Case requiring further consideration, leave to appeal granted.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑‑The petitioner's application for the, ejectment of the respondent from the shop in dispute was allowed by the learned Rent Controller finding that he did require it for his personal use, in good faith. But on appeal this finding was set aside by the High Court on the ground that in the proceedings under the PATH Regulation the plea of the present petitioner regarding bona fide personal use had not been accepted and even though the said decision did not strictly operate as rcs judicata under the provisions of section 14 of the West Pakistan Urban Rent Restriction Ordinance, 1959, but they did, however, stand in the way of the petitioner under the general principles of res judicata. This view of the High Court is challenged through this petition for leave to appeal by the petitioner. In support of this petition it is submitted that the Rent Controller had applied his mind to the facts of the case and had found that the petitioner did bona fide require the shop in dispute for his personal use. but the learned Judge in the High Court without applying his own mind thereto but relying on the judgment passed by the Riwaji Courts upset this finding. He also points out that the decisions on this point even by the said Courts were not unanimous in so far as the Additional Commissioner Malakand in his order dated 5‑8‑1975 had found that the petitioner wanted the shop for his own use and that the respondent had got his own shop which he had given to others on rent, but this aspect of the matter was not adverted to by the Deputy Secretary, Government of N.‑W.F.P., Home and Tribal Affairs Department, Peshawar, in his revisional order dated 14‑5‑1977. This case requires further consideration. Leave is, accordingly, granted. Security.Rs.5,
000. The appeal shall be made ready on the present record with liberty to the parties to file additional documents, if any and put up for hearing at an early date. H.B.T./H‑95/S Leave granted.