1994SCMR1987 (PLP)
Mirza MUHAMMAD HANIF BAIG‑‑‑Petitioner Versus Raja ALI AKBAR and 3 others‑‑‑Respondents
| Citation | 1994SCMR1987 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan and Saleem Akhtar, JJ |
| Parties | Mirza MUHAMMAD HANIF BAIG‑‑‑Petitioner Versus Raja ALI AKBAR and 3 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1994SCMR1987 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994SCMR1987 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan and Saleem Akhtar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994SCMR1987 (PLP) (Mirza MUHAMMAD HANIF BAIG‑‑‑Petitioner Versus Raja ALI AKBAR and 3 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Kowkab Iqbal, Advocate Supreme Court for Petitioner.
- Sardar Muhammad Aslam, Advocate Supreme Court (absent) and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Respondents.
- Date of hearing: 2nd March, 1993.
Headnotes / Summary
(From the judgment/order of Lahore High Court, Rawalpindi Bench, dated 24‑9‑1992 in W.P. 491 of 1992). West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ‑‑‑‑S. 13‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bona fide personal need of landlord‑‑‑Order of eviction on said ground passed by Rent Controller was maintained by appellate forum as also by High Court in Constitutional jurisdiction‑‑‑Validity‑‑‑Question whether house in question, was required bona fide for their personal use by landlord was one of fact‑‑‑Rent Controller, appellate forum and the High Court examined evidence led by parties on such question and. recorded finding against tenant‑‑‑No case was made out for interference with conclusions arrived at by three forums‑‑‑Leave to appeal was refused in circumstances.
Judgment & Decree
‑‑‑‑S. 13‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bona fide personal need of landlord‑‑‑Order of eviction on said ground passed by Rent Controller was maintained by appellate forum as also by High Court in Constitutional jurisdiction‑‑‑Validity‑‑‑Question whether house in question, was required bona fide for their personal use by landlord was one of fact‑‑‑Rent Controller, appellate forum and the High Court examined evidence led by parties on such question and. recorded finding against tenant‑‑‑No case was made out for interference with conclusions arrived at by three forums‑‑‑Leave to appeal was refused in circumstances. M. Kowkab Iqbal, Advocate Supreme Court for Petitioner. Sardar Muhammad Aslam, Advocate Supreme Court (absent) and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Respondents. Date of hearing: 2nd March, 1993. SAAD SAOOD JAN, J.‑‑‑The petitioner is a tenant in a house situate in Millat Colony, Rawalpindi. On the application of the landlords the Rent Controller has ordered his eviction on the ground that the house was required by the landlords for their personal use. The order of the Rent Controller has been upheld by the Additional District Judge after reappraisal of the evidence. The Constitution petition preferred by the petitioner against the order of eviction has been dismissed by a learned Single Judge of the High Court. The petitioner seeks leave to appeal from this Court.
2. The question whether the house was required bona fide for their personal use by the landlords is one of fact. The Rent Controller, the Additional District Judge and the High Court examined the evidence led by the parties on this question and recorded a finding against the petitioner. The learned counsel appearing for him has not been able to make out any case for interference with the conclusion arrived at by the three forums. We therefore do not think that this is a fit case where leave to appeal should be granted.
3. With the consent of the attorney of the landlords the petitioner is given three months to vacate the house. This concession has been given to him on his explicit undertaking that on or before the expiry of the said period, that is, on or before 2‑6‑1993, he will voluntarily hand over the physical possession of the house to the landlords.
4. This petition is disposed of accordingly. A.A./M‑1983/S Leave refused.