1989 PLP 1228 (SCMR)
MUHAMMAD ISMAIL‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE, LAHORE and others‑‑Respondents
| Citation | 1989 PLP 1228 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Javid Iqbal, Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | MUHAMMAD ISMAIL‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE, LAHORE and others‑‑Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1228 (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 1989 PLP 1228 (SCMR)?
The case was heard and decided by the High Court bench comprising: Javid Iqbal, Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1228 (SCMR) (MUHAMMAD ISMAIL‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE, LAHORE and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. A. Zafar, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 15th April, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore dated 8th March, 1989 in Writ Petition No.1198 of 1989). ‑‑‑S.13‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Ejectment on ground of default in payment of rent and personal need of son of landlord‑‑Contention that there had been misreading of evidence about the default in payment of rent by tenant and if the landlord was not to be believed on the point of default he should not have been relied upon also in respect of personal need for his son‑‑Findings of fact on both the issues were recorded against the petitioner by Appellate Court and High Court .had upheld those findings‑‑Leave to appeal was refused.
Judgment & Decree
JAVID IQBAL J.‑‑This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore dated 8th March, 1989 whereby writ petition of the petitioner was dismissed. Briefly the facts are that respondent No.3. filed ejectment application against the petitioner from the disputed shop on the grounds of default in payment of rent as well as personal need for his son. The ‑Rent Controller vide his order decided both the issues against the landlord respondent No. 3 and dismissed the ejectment petition. However, on appeal of respondent No.3, Additional District Judge holding the petitioner to be defaulter for one month i.e. July, 1986 and also setting aside the finding of the trial Court on the issue of personal need, reversed the trial Court's order. Thereafter the writ petition filed by the petitioner challenging the judgment of the Additional District Judge was dismissed as stated above. Hence the present petition. , Learned counsel attempted to argue that there has been misreading of evidence about the default in payment of rent by the petitioner and if the respondent landlord was not to be believed on that point, he should not have been relied upon also in respect of personal need for his son. We have heard learned counsel and also perused the impugned judgment. But we do not find any force in his arguments. On both the issues the. findings of fact were recorded against the petitioner by the Appellate Court, and the High Court has upheld those findings of fact. It is therefore not a fit case for interference. As a result this petition is dismissed. The petitioner is given two months time from today to deliver peaceful, voluntary, and vacant possession of the disputed shop to respondent No.3 landlord without any execution or other proceedings as per undertaking given. M.B.A./M‑896/S Petition dismissed.