1988 PLP 397 (SCMR)
Messrs HAFEEZAN COAL COMPANY and others — Petitioners Versus ABDUL QAYYUM — Respondent
| Citation | 1988 PLP 397 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Nasim Hasan Shah, JJ |
| Parties | Messrs HAFEEZAN COAL COMPANY and others — Petitioners Versus ABDUL QAYYUM — Respondent |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 1988 PLP 397 (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 397 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Nasim Hasan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 397 (SCMR) (Messrs HAFEEZAN COAL COMPANY and others — Petitioners Versus ABDUL QAYYUM — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhlaq Ahmad Siddiqi, Advocate-on-Record for Petitioners.
- Talmiz S.Burney, Advocate Supreme Court for Respondent.
- Date of hearing: 8th November, 1987.
Headnotes / Summary
(On appeal from the judgment dated 3-5-1987 of the High Court of Baluchistan at Quetta in F . A . O . No. 38 of 1987) .
S.13--Constitution of Pakistan (1973), Art. 185(3)--Ejectment- Personal need of landlord for residence--Commercial use of premises- Effect of--Ejectment on ground of personal need of landlord for residence, challenged--Contention raised that room in question being a commercial unit, its ejectment could not be sought on ground of personal need for residence of landlord--Dictum in P L D 1985 S C 242 being fully applicable to facts and circumstances of the case- Impugned order did not warrant interference--Leave to appeal refused Syed Amjad Ali Shah v. Iqbal Ahmad Farooqui and others PLD 1985 S C 242 fol.
Judgment & Decree
NASIM HASAN SHAH, J.--The respondent sought the ejectment of the petitioners from a room belonging to them which is located in a residential building but was being used by the petitioners for commercial purposes. The Courts below ordered the ejectment of the petitioners. Hence this petition for leave to appeal. The contention raised by the learned counsel for the petitioners is that the room in question being a commercial unit, its ejectment cannot be sought on the ground of personal need for the residence of the landlord. The learned Judge of the High Court rejected this plea observing that a contention of a similar nature was rejected by this Court in the case of Syed Amjad Ali Shah v. Iqbal Ahmed Farooqui and others (P L D 1985 S C 242) in which case the entire relevant law was considered. We agree with the view expressed by the learned Single Judge in the High Court because the dictum in the aforementioned case of Syed Amjad Ali Shah is fully applicable and attracted to the fact and circumstances of this case. No ground for interference, therefore, exists. This petition, accordingly, fails and is dismissed hereby. M.I. /H-28/S Petition dismissed.