1987 PLP 389 (SCMR)
Mst. UMME KHATOON‑‑Petitioner Versus Mst. UMME SALMA Respondent
| Citation | 1987 PLP 389 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh and S.A. Nusrat, JJ |
| Parties | Mst. UMME KHATOON‑‑Petitioner Versus Mst. UMME SALMA Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 389 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 389 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh and S.A. Nusrat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 389 (SCMR) (Mst. UMME KHATOON‑‑Petitioner Versus Mst. UMME SALMA Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Ansar Hussain for Petitioner.
- Nemo for Respondent.
- Date of hearing: 5th March, 1986.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of Sind at Karachi, dated 25‑8‑1985 passed in First Rent Appeal No. 474 of 1984). ‑‑‑Art. 185(3)‑‑Sind Rented Premises Ordinance (XVII of 1979), S.15(2)‑‑Ejectment application‑‑Grounds of personal need and default‑ Eviction ordered on ground of default alone‑‑High Court's order setting aside ejectment, impugned‑‑Leave to appeal granted to consider contention that non‑mentioning of personal need in notice served on respondent before filing of rent case was inconsequential because petitioner had specifically pleaded in rent application that premises were required by her for personal need and she had also given evidence in this behalf. Ghulam Hussain v. Mrs. Chaman Sultan Shaft 1980 S C M R 9 ref.
Judgment & Decree
Ghulam Hussain v. Mrs. Chaman Sultan Shaft 1980 S C M R 9 ref. S. Ansar Hussain for Petitioner. Nemo for Respondent. Date of hearing: 5th March, 1986. S.A. NUSRAT, J.‑‑The petitioner, landlady applied for the ejectment of respondent on the grounds of personal bona fide need and default. The rent application was allowed by the learned Rent Controller on the ground of default alone but the order of eviction was set aside by the learned Sind High Court on respondent's First Rent Appeal as per impugned judgment.
2. It was contended by the learned counsel for the petitioner that non‑mentioning of personal need in the notice, dated 1‑4‑1978, served on respondent before the filing of rent case, was inconsequential because the petitioner had specifically pleaded in the rent application that the premises were required by her for personal need and she had also given evidence in this behalf. Reliance is placed on the judgment of this Court reported as Ghulam Hussain v. Mrs. Chaman Sultan Shafi 1980 S C M R 9.
3. The above contention needs examination. Leave to appeal is accordingly granted. Security Rs.1,
000. M.I. Leave granted.