1989SCMR807 (PLP)
Mst. MEND and others — Petitioners Versus ABDUS SATTAR ANSARI and others — Respondents
| Citation | 1989SCMR807 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, Ghulam Mujaddid and Ali Hussain Qazilbash, JJ |
| Parties | Mst. MEND and others — Petitioners Versus ABDUS SATTAR ANSARI and others — Respondents |
| Primary Law | Cantonments Rent Restriction Act (XI of 1963) |
Q1: What are the key laws and sections cited in 1989SCMR807 (PLP)?
This judgment primarily cites: Cantonments Rent Restriction Act (XI of 1963) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR807 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, Ghulam Mujaddid and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR807 (PLP) (Mst. MEND and others — Petitioners Versus ABDUS SATTAR ANSARI and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Aziz Kundi, Advocate Supreme Court for Petitioners.
- Nemo for Respondents Nos.2 to 5.
- Date of hearing: 26th November, 1988.
Headnotes / Summary
(From the judgment of Peshawar High Court, Peshawar, dated 8-6-1988 in FA.O. 26/87).
S.17--Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenant from shop--Ejectment application was dismissed by Rent Controller but allowed in appeal by High Court--Order impugned on the ground that landlord, when examined on oath by Trial Court, never stated that he being a retired Government servant wanted the premises to start his business--Such fact having been duly disclosed in ejectment application, there was no force in such contention--Ground of sub-letting on which ejectment had been ordered having not been impugned in appeal, there was thus no point which needed consideration--Leave to anneal was refused in circumstances. Respondent No.l in person.
Judgment & Decree
Nemo for Respondents Nos.2 to
5. Date of hearing: 26th November, 1988. GHULAM MUJADDID, J.‑‑Mst. Meno and others seek (cave to appeal against the judgment of the Peshawar High Court, Peshawar, dated 8‑6‑1988. Abdus Sattar respondent No.l in this petition moved an application under section 17 of the Cantonments Rent Restriction Act XI of 1963 for ejectment of Dilbar Khan and another from Shop No.1020, Kali Bari Bazar, Peshawar Cantt. The Rent Controller dismissed the application by order dated 16‑2‑1987. Abdus Sattar and others filed first appeal in the Peshawar High Court. That was allowed on 8‑6‑1988. Hence this petition. Learned counsel for the petitioners contended that the landlord when examined on oath by the trial Court never stated that he being a retired Government servant wanted the premises to start his business. We don't find any force in the contention because the aforesaid fact was A duly disclosed in the application filed by the respondents. Moreover, there is another ground on which ejectment has been ordered and that is subletting. This finding the learned counsel was unable to assail. Hence we don't think there is any point which needs consideration. A.A./M‑720/S Petition dismissed.