1989 PLP 522 (SCMR)
Haji MUHAMMAD SHARIF — Petitioner Versus Khawaja AMJAD AHSAN and others — Respondents
| Citation | 1989 PLP 522 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman and Ghulam Mujaddid, JJ |
| Parties | Haji MUHAMMAD SHARIF — Petitioner Versus Khawaja AMJAD AHSAN and others — Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 1989 PLP 522 (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 1989 PLP 522 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman and Ghulam Mujaddid, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 522 (SCMR) (Haji MUHAMMAD SHARIF — Petitioner Versus Khawaja AMJAD AHSAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Nasrullah Waraich, Advocate Supreme Court and M. Sultan Khan, Advocate-on-Record (absent) for Petitioner.
- Nemo for Respondents.
- Date of hearing: 17th August, 1988.
- Muhammad Nasrullah Waraich, Advocate Supreme Court and M. Sultan Khan, Advocate‑on‑Record (absent) for Petitioner.
- Mr. Nasrullah Waraich, Advocate, the learned counsel for the petitioner, contends that the impugned judgment does not deal with all aspects of the case, and that the Rent Control authorities took extraneous factors into consideration for deciding the question of personal need.
Headnotes / Summary
(From the judgment of Lahore High Court, dated 22-3-1987 passed in W. P. No.4307 of 1986).
S.13--Constitution of Pakistan (1973), Arts.199 & 185(3)-.-Eviction of tenant on ground of personal need of landlord's son--Bona fides of landlord- Determination of--Requirements--Question of bona fides of a party, necessarily brings for review his entire previous conduct, his standing, resources and liabilities relevant to question in issue--Conclusion on facts drawn by examining such question in depth, Courts could not be deemed to have overstepped their limits or drawn wrong conclusion--Findings on facts, could not be disturbed in Constitutional jurisdiction--Leave to appeal refused in circumstances.
Judgment & Decree
SHAFIUR RAHMAN, J.‑‑ The petitioner, a landlord, seeks leave to appeal against the judgment of Lahore High Court dated 22‑3‑1987 in a Constitutional petition upholding the rejection of his application seeking eviction of the tenant on the ground of personal need of his son. Mr. Nasrullah Waraich, Advocate, the learned counsel for the petitioner, contends that the impugned judgment does not deal with all aspects of the case, and that the Rent Control authorities took extraneous factors into consideration for deciding the question of personal need. The bona fide need of the landlord was in issue. The Rent Controller after discussing the entire evidence held as hereunder:‑ . "In these circumstances I come to the only conclusion that there was absence of bona fide on the part of the petitioner and consequently the issue is decided against the petitioner." The appellate Authority endorsed the conclusion by observing as follows, "Now let us consider whether their need was genuine. It is in the evidence of the appellant himself and is a fact which cannot be denied that he is owner of two factories. He manufactures spades and supplies them throughout Pakistan. He is a monopelist in this trade in this part of the country. He has a number of sons and all of them are working with him under and name and style of Firm Haji Muhammad Sharif & Sons. On the file Exhs. R.10 to R.17 are the documents showing his factories, godowns and residences. Some of them are in his name while the others are in the names of his sons. It cannot be believed that two sons of such a rich man would live in the single room on upper storey of the demised building which is situated in non‑residential area namely Gandam Mandi Sialkot." The High Court by the impugned order declined to interfere observing as follows:‑ "There is a concurrent finding of fact on both the issues by the two Courts below. Even otherwise, since second appeal under the Rent Restriction Ordinance has been abolished, therefore, writ petition cannot be allowed as a device to overreach the statutory provision." The question of bona fide of a party, necessarily brings for review his entire previous conduct, his standing and resources and liabilities relevant to the question in issue. It cannot be said that by examining the question in such a depth the authorities have overstepped the limits or drawn conclusions which could not be drawn. Indeed such a conclusion on facts could not be disturbed in Constitutional jurisdiction. Leave to appeal is , therefore, refused. A.A./M‑658/S Leave to appeal refused.