1981 PLP 1482 (CLC)
YOUSUF ALI KHOJA‑Appellant Versus MRS. ANWARI BEGUM‑Respondent
| Citation | 1981 PLP 1482 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Saeeduzzaman Siddiqui, J |
| Parties | YOUSUF ALI KHOJA‑Appellant Versus MRS. ANWARI BEGUM‑Respondent |
| Primary Law | (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1482 (CLC)?
This judgment primarily cites: (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1482 (CLC)?
The case was heard and decided by the Karachi bench comprising: Saeeduzzaman Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1482 (CLC) (YOUSUF ALI KHOJA‑Appellant Versus MRS. ANWARI BEGUM‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Manohar Lal for Appellant.
- Akhrar Mahmood for Respondent.
- Dates of hearing : 15th and 22nd March, 1980.
Headnotes / Summary
‑‑ S. 15 ‑ Second appeal‑Scope for interference by High Court in second appeal‑Limited to instances where Courts below in consider ing evidence on record misread evidence or appraisal of evidence by Courts below fallacious and perverse or Courts below commit an error in following a procedure prescribed by law producing thereby an error or defect in ultimate decision of case on merits‑Mere fact of another view of evidence on record, being possible, held, can hardly be a ground for interference in second appeal with concur rent finding of fact.‑[Evidence]. Madu Gopal and others v. Maran Bepari and another P L D 1969 S C 617 ; Dr. A. K. Khan v. Muhammad Ishaq 1972 S C M R 437 ; Nadir Shah v. Lai Shah P L D 1954 Lah. 447 and Mohammad Hussain v. Amtul Balul 1979 S C M R 286 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑‑ ‑‑ S. 30 ‑ Section 30 creates statutory tenancy in favour of claimants, non‑claimants or locals in possession of houses or shops on 20th December, 1958‑Np ether category of persons can acquire statutory tenancy rights in respect of such properties much less a person, inducted into such a property by transferee under an agreement of tenancy.
Judgment & Decree
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑-- ‑‑ S. 15 ‑ Second appeal‑Scope for interference by High Court in second appeal‑Limited to instances where Courts below in consider ing evidence on record misread evidence or appraisal of evidence by Courts below fallacious and perverse or Courts below commit an error in following a procedure prescribed by law producing thereby an error or defect in ultimate decision of case on merits‑Mere fact of another view of evidence on record, being possible, held, can hardly be a ground for interference in second appeal with concur rent finding of fact.‑[Evidence]. Madu Gopal and others v. Maran Bepari and another P L D 1969 S C 617 ; Dr. A. K. Khan v. Muhammad Ishaq 1972 S C M R 437 ; Nadir Shah v. Lai Shah P L D 1954 Lah. 447 and Mohammad Hussain v. Amtul Balul 1979 S C M R 286 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑‑ ‑‑ S. 30 ‑ Section 30 creates statutory tenancy in favour of claimants, non‑claimants or locals in possession of houses or shops on 20th December, 1958‑Np ether category of persons can acquire statutory tenancy rights in respect of such properties much less a person, inducted into such a property by transferee under an agreement of tenancy. Manohar Lal for Appellant. Akhrar Mahmood for Respondent. Dates of hearing : 15th and 22nd March, 1980.