1989SCMR 238 (PLP)
Qazi DAOOD — Petitioner Versus Qazi MUHAMMAD FAHIM — Respondent
| Citation | 1989SCMR 238 (PLP) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain, JJ |
| Parties | Qazi DAOOD — Petitioner Versus Qazi MUHAMMAD FAHIM — Respondent |
Q1: What are the key laws and sections cited in 1989SCMR 238 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR 238 (PLP)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR 238 (PLP) (Qazi DAOOD — Petitioner Versus Qazi MUHAMMAD FAHIM — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Date of hearing: 6th Dpecember,1987.
Headnotes / Summary
(From the judgment/order of the Sind 'High Court, Karachi dated 7-10-1987 in F.R.A. No. 316 of 1987). Sind Rented Premises Ordinance (XVII of 1979)
S. 14
Constitutiun of Pakistan (1973), .Art. 185(3)--Ejectment Personal requirement--Retired government servant--`Tenant disputing notice served by landlord, a government retired employer, under section 14 of. Sind Rented Premises Ordinance, 1979 as being defective but this plea was rejected by High Court on ground that such plea was not raised in objections filed against ejectment application before Rent Controller--Defect in notice complained was as to period after which ejectment proceedings were. to be commenced and this defect, if any, stood cured, as proceedings were in fact initiated after expiry of said period--High Court had already dealt with all pleas urged in support of petition and rejected them for valid reasons--Leave to appeal refused in circumstances. Petitioner in person. Nemo for the State.
Judgment & Decree
Petitioner in person. Nemo for the State. Date of hearing: 6th Dpecember,1987. ABDUL KADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court dated 7‑10‑1987 by which an appeal filed by petitioner was dismissed and the order of the Rent Controller directing his eviction from the demised premises was upheld. Learned Rent Controller passed that order on an ejectment application filed by respondent under Section 14 of Sind Rented Premises Ordinance 1979. Earlier, the respondent had served notice on the petitioner under the afore‑said provision of law informing him that he had retired from Government service and required the premises for his own use. In support of the appeal before the High Court, it was urged on behalf of the petitioner that the said notice was defective but this plea was rejected by the learned Judge in the High Court on the ground that such plea was not raised in the objections filed against the ejectment application before the Rent Controller. Moreover, learned Judge noticed that the defect in the notice complained was as to the period after which ejectment proceedings were to be commenced, and this defect, if any, stood cured as the proceedings were in fact initiated after the expiry of the said period, We find that the learned Judge has already dealt with all the pleas that were urged in support of this petition and rejected them for valid and proper reasons. There is therefore no force in this petition, and it is dismissed. M.Y.H./D‑31/S Petition dismissed.