1987 PLP 1173 (SCMR)
and others‑‑Petitioners Versus The ADDITIONAL DISTRICT JUDGE, LAHORE and others‑‑Respondents
| Citation | 1987 PLP 1173 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Saad Saood Jan, JJ |
| Parties | and others‑‑Petitioners Versus The 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 1987 PLP 1173 (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 1987 PLP 1173 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1173 (SCMR) (and others‑‑Petitioners Versus The ADDITIONAL DISTRICT JUDGE, LAHORE and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Muhammad Khan, Advocate Supreme Court for Petitioners. Mian Nisar Ahmad, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Respondents Nos. 1 to 3.
- Date of hearing: 22nd April, 1987.
Headnotes / Summary
(On appeal from the judgment, dated 7‑12‑1985 of the Lahore High Court, Lahore in Writ Petition No. 3456 of 1985) . ‑‑‑S. 13 (3) (a)(i)‑‑Constitution of Pakistan (1973), Art. 185(3)‑ Ejectment‑‑Personal need for commercial purpose‑‑Tenant running school in premises in dispute‑ ‑Ejectment ordered on ground that landlord needed premises for running a school himself‑‑Leave to appeal granted to consider inter alia whether a landlord can get a building vacated under clause (a)(i) of subsection (3) of S. 13 for establishing a school and not for his own residence.
Judgment & Decree
The landlord‑in his petition sought the ejectment of the petitioner, inter alia, on the following ground:‑
"That the rented premises is required in good faith and bona fide manner by the petitioner for his own use and for the use of his sons. At present the petitioner and his sons are not in occupation of any other vacant premises suitable to his requirement nor any such premises was previously got vacated and rented out in the urban area where the property in question is situated. However, at the trial of the position taken up by the landlord was that he required the premises to establish a school and in this connection stated as follows:‑
The petitioner was found liable to ejectment on the ground that the landlord was entitled to get the tenant ejected under the provisions of clause 3 (a) (i) of section 13 of the Punjab Rent Restriction Ordinance which lays down, inter alia:‑-- "3 (a)‑‑ A landlord may apply to the Controller for the order directing the tenant to put the landlord in possession‑ (i) in the case of a residential building, if‑ (a) he requires it in good faith for his own occupation or for the occupation of any of his children." Prima facie this proviso would apply where the landlord requires the building for his own occupation or for the occupation of any of his children and not for any commercial purpose such as running a school in the premises. Even otherwise to give effect to the plea of the landlord that he needs the premises for running a school when a school is already functioning therein would appear to make nonsense of the provisions of clause (a) (i) of subsection (3) of section 13 of the Ordinance. The question, therefore, inter alia, arises whether a landlord can get a building vacated under clause (a) (i) of subsection (3) of section 13 of the Ordinance for establishing a school and not for his own residence? Leave granted. The appeal shall be made ready on the present record with liberty to the parties to add further documents, if any and put up for hearing as early as possible. The interim order of the stay passed on 16‑12‑1986 will remain in operation during the pendency of the appeal. M.I./P‑13/S Leave granted.