1990 PLP 743 (SCMR)
ABDUR REHMAN‑‑Petitioner Versus ABDUL HAFEEZ and another‑‑Respondents
| Citation | 1990 PLP 743 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid arid Saad Saood Jan, JJ |
| Parties | ABDUR REHMAN‑‑Petitioner Versus ABDUL HAFEEZ and another‑‑Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 743 (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 1990 PLP 743 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid arid Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 743 (SCMR) (ABDUR REHMAN‑‑Petitioner Versus ABDUL HAFEEZ and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Anwar Khan, Advocate Supreme Court and Ch.Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- S. Inayat Hussain, Advocate‑on‑Record and M.M. Saeed Baig, Advocate Supreme Court for Respondent No.1.
- Date of hearing: 25th November, 1989.
Headnotes / Summary
(From the order of the Lahore High Court dated 20‑8‑1989 in W.P: 4143 of 1989). . ‑‑‑Ss.13 & 15‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal‑‑ Appellate Court below as well as High Court concurrently ordered ejectment of tenant on ground of personal need of landlord after duly examining plea of landlord‑‑‑High Court on tenant's own request gave four months' time to vacate premises as during that period he wanted to make alternate arrangement‑‑ Tenant otherwise having no case on merits and his conduct would not entitle him to any indulgence of Supreme Courts‑‑Petition for leave to appeal dismissed.
Judgment & Decree
S. Inayat Hussain, Advocate‑on‑Record and M.M. Saeed Baig, Advocate Supreme Court for Respondent No.1. Date of hearing: 25th November, 1989. GHULAM MUJADDID, J.‑‑‑Rent Controller, Lahore, by order dated 6‑3‑1989 dismissed the application of Abdul Hafeez respondent for ejectment of the petitioner from the shop. When the matter came up in appeal, the Additional District Judge, Lahore, set aside the order of the Rent Controller and passed an order of eviction. Abdur Rehman then invoked the Constitution jurisdiction of the Lahore High Court. Writ petition was dismissed by a learned .fudge in limine by order dated 20‑8‑1989. However, the learned Judge allowed the request of the petitioner's counsel and gave four months' time to vacate the shop. Abdur Rehman aggrieved by the order of the High Court now seeks leave to appeal by this Court. The sole ground on which the ejectment had been ordered was personal need of the landlord. This was duly examined by the Additional District Judge as well as the High Court. The petitioner requested for some time. He was given four months by the High Court to vacate the premises, which means that during this period he wanted to make alternate arrangement to vacate the shop. This conduct of the petitioner does not entitle him to any indulgence by this Court. Even, otherwise, he has no case on merits. Dismissed. H.B.T./A‑678/S Petition dismissed.