1988 PLP 1869 (SCMR)
Haji ABDUL GHAFOOR RISHI — Appellant Versus RAZA MUHAMMAD KHAN — Respondent
| Citation | 1988 PLP 1869 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh and Zaffar Hussain Mirza, J |
| Parties | Haji ABDUL GHAFOOR RISHI — Appellant Versus RAZA MUHAMMAD KHAN — Respondent |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 1988 PLP 1869 (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 1988 PLP 1869 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh and Zaffar Hussain Mirza, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1869 (SCMR) (Haji ABDUL GHAFOOR RISHI — Appellant Versus RAZA MUHAMMAD KHAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iftikhar Muhammad, Advocate-on-Record for Appellant. S. A. M. Quadri, Advocate-on-Record for Respondent.
- Date of hearing: 2nd June, 1988.
- Iftikhar Muhammad, Advocate‑on‑Record for Appellant. S. A. M. Quadri, Advocate‑on‑Record for Respondent.
Headnotes / Summary
(On appeal from the judgment/order of Baluchistan High Court. Quetta, dated 4-10-1986 in F . A . 0. No.47 of 1986).
S.15(6)--Ejectment on ground of personal need--Landlord obtaining possession of other accommodation during pendency of appeal--Effect of--Question arising whether accommodation which came into possession of landlord during pendency of appeal of respondent before High Court, along with other accommodation already in his possession, was not suitable for his needs so as to disqualify respondent's eviction from demised premises--Supreme Court with consent of both parties, accepted appeal, set aside impugned order and remanded case to High Court for holding inquiry by itself or through Rent Controller and decide appeal of respondent afresh.
Judgment & Decree
‑‑‑S.15(6)‑‑Ejectment on ground of personal need‑‑Landlord obtaining possession of other accommodation during pendency of appeal‑‑Effect of‑‑Question arising whether accommodation which came into possession of landlord during pendency of appeal of respondent before High Court, along with other accommodation already in his possession, was not suitable for his needs so as to disqualify respondent's eviction from demised premises‑‑Supreme Court with consent of both parties, accepted appeal, set aside impugned order and remanded case to High Court for holding inquiry by itself or through Rent Controller and decide appeal of respondent afresh. Iftikhar Muhammad, Advocate‑on‑Record for Appellant. S. A. M. Quadri, Advocate‑on‑Record for Respondent. Date of hearing: 2nd June, 1988. ABDUL KADIR SHAIKH, J.‑‑By consent of the learned counsel for the parties this appeal is allowed and the impugned judgment of the High Court is set aside and. the case is remanded to the High Court for holding further inquiry by itself or through the Rent Controller as contemplated under section 15(6) of the Baluchistan Rent Restriction Ordinance, 1959, to decide the appeal of the respondent afresh after deciding the following question: "Whether the accommodation which came into possession of appellant /landlord during pendency of the appeal of the respondent before the High Court along with other accommodation already in his possession is not suitable for his needs so as to disqualify respondent's eviction from the demised premises." The parties are left to bear their own costs. M.I./A‑299/S Order accordingly.