2000SCMR1019 (PLP)
GHULAM AHMAD BUTT — Petitioner Versus MUHAMMAD ILYAS BUTT through Legal Heirs — Respondent
| Citation | 2000SCMR1019 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Raja Afrasiab Khan, Sh. Riaz Ahmed |
| Parties | GHULAM AHMAD BUTT — Petitioner Versus MUHAMMAD ILYAS BUTT through Legal Heirs — Respondent |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 2000SCMR1019 (PLP)?
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 2000SCMR1019 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Raja Afrasiab Khan, Sh. Riaz Ahmed.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000SCMR1019 (PLP) (GHULAM AHMAD BUTT — Petitioner Versus MUHAMMAD ILYAS BUTT through Legal Heirs — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Khalil-ur-Rehman, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 28th December, 1999.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, dated 5-11-1999 passed in S.A.O. No. 144 of 1999).
S.13
Constitution of Pakistan (1973), Art. 185(3)
Ejectment of tenant on the ground of default in monthly rent and bona fide personal need of landlord
Tenant's appeal against the ejectment was dismissed by the Appellate Forum as also his Constitutional petition by High Court-- Concurrent findings of fact had been recorded by the forums below
No misreading or non-reading of evidence available on record was pointed out=- Substantial justice having been done by the forums below leave to appeal was refused in circumstances.
Judgment & Decree
RAJA AFRASIAB KHAN, J.
On 17-9-1995, the respondent, Muhammad Ilyas Butt (now deceased) instituted an application for eviction of petitioner Ghulam Ahmad Butt from Shop No. l of Property No.NE-IX I-S-21, Akbar Road, Kachhupura, Lahore on the ground that he purchased the property through registered sale-deed on 27-9-1993. The petitioner was already a tenant under the previous owner. Thus, he became a tenant of the rest as well. The petitioner did not pay rent to the respondent since 1-2-1995. The property was also required by the respondent for his personal use. The application was allowed by the Rent Controller, Lahore vide his judgment, dated 30-9-1998. Appeal of the petitioner was dismissed by an Additional District Judge, Lahore on 15-5-1999. S.A.O. No. 144 of 1999 having been instituted by the petitioner was dismissed by the Lahore High Court, Lahore vide impugned. judgment, dated 5-11-1999. This is a petition for leave to appeal against the impugned judgment.
2. After hearing the learned counsel for the petitioner and perusing the record, we hold the view that a concurrent finding of fact has been recorded by the forums below. Learned counsel has not been able to point out any misreading or non-reading of evidence available on record. A substantial justice has been done by the forums below. However, in the interest of justice, six months' time is given to the petitioner to hand over the vacant possession of the premises to the respondent subject to his continuously paying the rent to the respondent. He shall hand over the vacant possession of the property to the respondent on or before 28-6-2000 failing which he shall be ousted from the premises without notice with the aid of the Police. With this observation, there is no substance in the petition which is dismissed and leave to appeal is refused. Q.M.H./M.A.K./G-6/S Petition dismissed.