SCMR 1985

1985 PLP 653 (SCMR)

Sh. SAFDAR RASHID — Petitioner Versus ADDITIONAL DISTRICT JUDGE and others — Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Special Leave to Appeal No. 162 of 1982, decided on 24th April, 1982.
Honorable Judges
Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ
Case Reference Summary (AEO Optimized)
Citation 1985 PLP 653 (SCMR)
Forum / Court High Court
Bench Members Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ
Parties Sh. SAFDAR RASHID — Petitioner Versus ADDITIONAL DISTRICT JUDGE and others — Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1985 PLP 653 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1985 PLP 653 (SCMR)?

The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1985 PLP 653 (SCMR) (Sh. SAFDAR RASHID — Petitioner Versus ADDITIONAL DISTRICT JUDGE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Sh. Hafiz, Advocate Supreme Court with S. Abid Nawaz, Advocate-on-Record for Petitioner.
  • M.A. Qureshi, Advocate-on-Record for Respondents.
  • Date of hearing: 24th April, 1982.
  • Sh. Hafiz, Advocate Supreme Court with S. Abid Nawaz, Advocate‑on‑Record for Petitioner.
  • M.A. Qureshi, Advocate‑on‑Record for Respondents.
  • 2. The facts giving rise to this petition briefly, are that Mst. Kalsoom Begum, respondent‑landlady filed an application for petitioner's ejectment on the ground of default in payment of rent and bona fide requirement of the house for personal use as a shop. The Rent Controller accepted the ejectment application on 24‑7‑1980 only on the ground of personal need The petitioner filed an appeal before the District Judge which was dismissed by the Additional District Judge, Gujranwala vide order, dated 30‑11‑1980. Not being satisfied the petitioner filed a writ petition in the High Court, which too was dismissed, vide the impugned order.

Headnotes / Summary

(Against the order of the Lahore High Court, dated 10-2-1982, passed in Writ Petition No. 12158 of 1980).

Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a), Ejectment--Bona fide personal need of landlady established--Order impugned in Constitutional petition which, though not competent in circumstances, was dismissed on merits--No ground having been made out for interference, leave to appeal refused by Supreme Court.

Judgment & Decree

ASLAM RIAZ HUSSAIN, J.‑‑ This petition by Sh. Safdar Rashid is directed against the order of the High Court, dated 10‑2‑1982, dismissing the petitioner's writ petition in a rent matter.

2. The facts giving rise to this petition briefly, are that Mst. Kalsoom Begum, respondent‑landlady filed an application for petitioner's ejectment on the ground of default in payment of rent and bona fide requirement of the house for personal use as a shop. The Rent Controller accepted the ejectment application on 24‑7‑1980 only on the ground of personal need The petitioner filed an appeal before the District Judge which was dismissed by the Additional District Judge, Gujranwala vide order, dated 30‑11‑1980. Not being satisfied the petitioner filed a writ petition in the High Court, which too was dismissed, vide the impugned order. The petitioner, has, now, come up to this Court for Leave to Appeal

3. We have heard the learned counsel for the petitioner and find) that in the circumstances of this case the writ petition filed by him was not even competent. The High Court has, however, given well -reasoned judgment dismissing the same on merits. No ground has been made out for interference with the impugned order. The petition is, therefore, dismissed. M. I. Petition dismissed,