2001 PLP 741 (SCMR)
Messrs ISLAMABAD WOOLLEN MILLS LTD. — Petitioner Versus Messrs AAJ PRIVATE LTD. — Respondent
| Citation | 2001 PLP 741 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan, C.J. and Qazi Muhammad Farooq, J |
| Parties | Messrs ISLAMABAD WOOLLEN MILLS LTD. — Petitioner Versus Messrs AAJ PRIVATE LTD. — Respondent |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 2001 PLP 741 (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 2001 PLP 741 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan, C.J. and Qazi Muhammad Farooq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 741 (SCMR) (Messrs ISLAMABAD WOOLLEN MILLS LTD. — Petitioner Versus Messrs AAJ PRIVATE LTD. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz S.A. Rehman, Senior Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner.
- Farooq Zaman Qureshi, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-on-Record (absent) for Respondent.
- Date of hearing: 15th March, 2000.
- IRSHAD HASAN KHAN, C.J.---The sole point urged by Hafiz S.A. Rehman, learned Senior Advocate Supreme Court appearing on behalf of the petitioner, is that there was no justification for remanding the case to the learned Additional District Judge for considering the grounds of personal need and default in payment of rent and the High Court should have itself decided the whole matter in that the entire evidence was available before it. The submission does not appear to be devoid of force. Be that as it may; we are informed by Mr. Farooq Zaman Qureshi, learned Advocate Supreme Court for the respondent that pursuant to the decision of the High Court tote learned Additional District Judge has heard the case and it was fixed for orders yesterday and now it is fixed for today. This being so, we are not inclined to interfere with the impugned order. However, we direct that the learned Additional District Judge shall announce the order up to 24th March, 2000, under intimation to the Assistant Registrar of this Court atl Lahore. With the above observations the petition is disposed of.
Headnotes / Summary
(On appeal from the order dated 24-5-1999 passed by the Lahore High Court, Lahore, in S.A.O. No.27 of 1999).
S.13
Constitution of Pakistan (1973), Art. 185(3)
Bona fide personal need of landlord
High Court remanded the case to the Lower Appellate Court for considering the grounds raised by the landlord
Contention by the landlord was that as the evidence regarding the grounds was available on record the matter should have been decided -by the High Court itself
Contention of the landlord was not devoid of force
Tenant stated that pursuant to the decision of the High Court, Lower Appellate Court had heard the case and the same was fixed for orders-- Supreme Court directed the Lower Appellate Court to announce the order up to a specified date
Order of the High Court was not interfered with by the Supreme Court in circumstances.
Judgment & Decree
IRSHAD HASAN KHAN, C.J.
The sole point urged by Hafiz S.A. Rehman, learned Senior Advocate Supreme Court appearing on behalf of the petitioner, is that there was no justification for remanding the case to the learned Additional District Judge for considering the grounds of personal need and default in payment of rent and the High Court should have itself decided the whole matter in that the entire evidence was available before it. The submission does not appear to be devoid of force. Be that as it may; we are informed by Mr. Farooq Zaman Qureshi, learned Advocate Supreme Court for the respondent that pursuant to the decision of the High Court tote learned Additional District Judge has heard the case and it was fixed for orders yesterday and now it is fixed for today. This being so, we are not inclined to interfere with the impugned order. However, we direct that the learned Additional District Judge shall announce the order up to 24th March, 2000, under intimation to the Assistant Registrar of this Court atl Lahore. With the above observations the petition is disposed of. Q.M.H./M.A.K./I-15/S Order accordingly.