1981CLC 1091 (PLP)
Haji MAJID‑ — Appellant Versus Haji IMAMUDDIN‑ — Respondent
| Citation | 1981CLC 1091 (PLP) |
| Forum / Court | Karachi |
| Bench Members | Sajjad Ali Shah, J |
| Parties | Haji MAJID‑ — Appellant Versus Haji IMAMUDDIN‑ — Respondent |
| Primary Law | (d) West Pakistan Urban Rent Restriction Ordinance (V1 of 1959)‑, (a) West Pakistan Urban Rent Restriction Ordinance (V of 1959)‑ |
Q1: What are the key laws and sections cited in 1981CLC 1091 (PLP)?
This judgment primarily cites: (d) West Pakistan Urban Rent Restriction Ordinance (V1 of 1959)‑, (a) West Pakistan Urban Rent Restriction Ordinance (V of 1959)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981CLC 1091 (PLP)?
The case was heard and decided by the Karachi bench comprising: Sajjad Ali Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981CLC 1091 (PLP) (Haji MAJID‑ — Appellant Versus Haji IMAMUDDIN‑ — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Muhammad Usman for Appellant.
- Khuda Bux Omrani for Respondent.
- Date of hearing : 9th December, 1980.
Headnotes / Summary
S. 13 (3) (a) (ii) read with Sind Rental Premises Ordinance ‑(XVII of 1979), S. 15 (2) (vii)‑‑Landlord earlier enhancing rent or shop in dispute from time, to time‑Contention that landlord's requirement of shop for his son in such circumstances not bona fide repelled‑Held, demand for higher rent does not per se cast any doubt about personal bona fide requirement, if independently proved. Rafiq Ahmad v. Ch. Abdul Rehman 1980 S C M R 772 rel. (b) West Pakistan Urban Rent Restriction Ordinance (V of 1959)‑‑ ‑‑ S. 13 (3) (a) (ii) read with Sind Rental Premises Ordinance (XVII of 1979), S. 15 (2) (vii)‑Landlord's requirement of premises in good faith for personal. use‑Landlord, held, can choose to pick one of his shops for such purpose‑‑Contention that landlord has other shop which can be got vacated, repelled. Punjab Hardware v. Wazir Ali P L D 1976 Kar. 233 ref. (c) West Pakistan. Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑ S. 13 (3) (a) (U) read with Sind Rental Premises Ordinance (XVII of 19791, S: 15 (2) (vii)‑Landlord's bona fide need for premises‑Landlord getting cabin vacated about 1 years back and renting it out again‑Contention that landlord's son could have set up business by utilizing cabin, repelled‑Held; ejectment can be granted on ground of personal need on fresh cause of action even if landlord previously got possession of a tenement and relet it. Nooruddin and others' case 1968 S C M R 1087 rel. ‑‑ S. 13 (3) (a) (ii) read with Sind Rental Premises Ordinance (XVII of 1979). S. 15 (2) (vii)‑Landlord's requirement of shop in good faith‑No evidence on record to show either landlord's or his son's finances to start business of cloth‑Held, not neces sary for landlord to produce evidence of availability of funds unless such plea taken by tenant specifically in his written state ment necessitating recording of evidence on point‑Further held, not necessary for landlord to produce such evidence voluntarily.
Judgment & Decree
(b) West Pakistan Urban Rent Restriction Ordinance (V of 1959)‑‑ ‑‑ S. 13 (3) (a) (ii) read with Sind Rental Premises Ordinance (XVII of 1979), S. 15 (2) (vii)‑Landlord's requirement of premises in good faith for personal. use‑Landlord, held, can choose to pick one of his shops for such purpose‑‑Contention that landlord has other shop which can be got vacated, repelled. Punjab Hardware v. Wazir Ali P L D 1976 Kar. 233 ref. (c) West Pakistan. Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑ S. 13 (3) (a) (U) read with Sind Rental Premises Ordinance (XVII of 19791, S: 15 (2) (vii)‑Landlord's bona fide need for premises‑Landlord getting cabin vacated about 1 years back and renting it out again‑Contention that landlord's son could have set up business by utilizing cabin, repelled‑Held; ejectment can be granted on ground of personal need on fresh cause of action even if landlord previously got possession of a tenement and relet it. Nooruddin and others' case 1968 S C M R 1087 rel. (d) West Pakistan Urban Rent Restriction Ordinance (V1 of 1959)‑
‑‑ S. 13 (3) (a) (ii) read with Sind Rental Premises Ordinance (XVII of 1979). S. 15 (2) (vii)‑Landlord's requirement of shop in good faith‑No evidence on record to show either landlord's or his son's finances to start business of cloth‑Held, not neces sary for landlord to produce evidence of availability of funds unless such plea taken by tenant specifically in his written state ment necessitating recording of evidence on point‑Further held, not necessary for landlord to produce such evidence voluntarily. Sh. Muhammad Usman for Appellant. Khuda Bux Omrani for Respondent. Date of hearing : 9th December, 1980.