1981 PLP 669 (CLC)
MASROOR HASAN AND ANOTHER‑‑Appellants Versus ABBAS ALI KHAN‑Respondent
| Citation | 1981 PLP 669 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Ajmal Mian, J |
| Parties | MASROOR HASAN AND ANOTHER‑‑Appellants Versus ABBAS ALI KHAN‑Respondent |
Q1: What are the key laws and sections cited in 1981 PLP 669 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 669 (CLC)?
The case was heard and decided by the Karachi bench comprising: Ajmal Mian, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 669 (CLC) (MASROOR HASAN AND ANOTHER‑‑Appellants Versus ABBAS ALI KHAN‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Zafar Alam Khan for Appellants.
- Nizamuddin Qureshi and Ismail Padhiar for Respondent.
- Date of hearing: 7th December, 1980.
Headnotes / Summary
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ S. 13(2)(ii)(a)‑Subletting‑Burden of proof‑Appellant No. 2 carrying on practice as Homoeopath in shop rented to appellant No. 1 (tenant) without permission of respondent (landlord)‑Held, once landlord proves some body else using rented premises either exclusively or jointly with tenant, burden of proof shifts on tenant to explain relationship between him and user of tenement.‑[Burden of proof]. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ S. 15(4), Explanation read with Civil Procedure Code (V of 1908), S. 100‑Concurrent finding of fact‑Concurrent finding of two Courts below on question of subletting neither perverse nor contrary to record‑‑Held, High Court cannot interfere with concurrent finding of fact in second appeal even if such finding seems erroneous.‑[Finding ;`;' of fact]. Abdul Majid and others v. Khalil Ahmed P L D 1955 F C 38 ref, (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑ S. 13(3)(b)‑Landlord's claim for personal requirement‑Controller's satisfaction of bona fides of‑Respondent (landlord) filing application for ejectment of other tenant from another shop on ground of personal requirement ‑ Rent Controller dismissing application First Appellate Court and High Court upholding order of Rent Controller‑Held, record of this case cannot be looked into for purpose of deciding present case because two cases neither consolidated nor evidence in one case ordered to be read as part of evidence in other case and vice versa.
Judgment & Decree
S. 13(2)(ii)(a)‑Subletting‑Burden of proof‑Appellant No. 2 carrying on practice as Homoeopath in shop rented to appellant No. 1 (tenant) without permission of respondent (landlord)‑Held, once landlord proves some body else using rented premises either exclusively or jointly with tenant, burden of proof shifts on tenant to explain relationship between him and user of tenement.‑[Burden of proof]. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ S. 15(4), Explanation read with Civil Procedure Code (V of 1908), S. 100‑Concurrent finding of fact‑Concurrent finding of two Courts below on question of subletting neither perverse nor contrary to record‑‑Held, High Court cannot interfere with concurrent finding of fact in second appeal even if such finding seems erroneous.‑[Finding ;`;' of fact]. Abdul Majid and others v. Khalil Ahmed P L D 1955 F C 38 ref, (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑ S. 13(3)(b)‑Landlord's claim for personal requirement‑Controller's satisfaction of bona fides of‑Respondent (landlord) filing application for ejectment of other tenant from another shop on ground of personal requirement ‑ Rent Controller dismissing application First Appellate Court and High Court upholding order of Rent Controller‑Held, record of this case cannot be looked into for purpose of deciding present case because two cases neither consolidated nor evidence in one case ordered to be read as part of evidence in other case and vice versa. Zafar Alam Khan for Appellants. Nizamuddin Qureshi and Ismail Padhiar for Respondent. Date of hearing: 7th December, 1980.