1986 PLP 792 (SCMR)
GHULAM MURTAZA — Petitioner Versus ABOUL REHMAN and others — Respondents
| Citation | 1986 PLP 792 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hassan Shah, Abdul Kadir Shaikh and S.A. Nusrat, JJ |
| Parties | GHULAM MURTAZA — Petitioner Versus ABOUL REHMAN and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1986 PLP 792 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 792 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hassan Shah, Abdul Kadir Shaikh and S.A. Nusrat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 792 (SCMR) (GHULAM MURTAZA — Petitioner Versus ABOUL REHMAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing: 17th November, 1985.
- Malik Muhammad Qayyum, Advocate Supreme Court assisted by Mahmood A. Qureshi, Advocate‑on‑Record for the Petitioner.
Headnotes / Summary
Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(3)(a)(ii)--Ejectment order based on bona fide personal need--Challenged--Plea that lease agreement contemplated continuance of tenancy on enhanced rate of rent and landlord was debarred from seeking eviction, repelled--On proper interpretation of lease agreement, no basis found for holding that landlord intended to create a perpetual lease of benefit of tenant by depriving himself of benefit /facilities under Rent Law--Petition dismissed. Mrs. Zohra Begum v. Messrs Pakistan Burmah-Shell Ltd. P L D 1984 S C 38 ref. Malik Muhammad Qayyum, Advocate Supreme Court assisted by Mahmood A. Qureshi, Advocate-on-Record for the Petitioner.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the judgment of Lahore High Court, dated 26‑3‑1984 dismissing a Constitutional petition filed by the petitioner and in result upholding the judgment of the District Judge, Sargodha passed on appeal by which petitioner was directed to hand over possession of the demised shop to respondent‑landlord. Learned District Judge reversed the finding of the Rent Controller and held that respondent‑landlord had successfully proved that he bona fide required the demised shop for himself and also for the use of his children.
2. It was in view of this finding of fact which is based on correct appreciation of the evidence recorded in the case that the High Court refused to interfere in exercise of its limited Constitutional jurisdiction and dismissed the petition.
3. Malik Muhammad Qayyum learned counsel for the petitioner submits that the High Court has failed to appreciate that the lease‑agreement executed by respondent‑landlord contemplated continuance of tenancy on enhanced rate of rent and as such respondent was debarred from seeking eviction. In this behalf learned counsel sought to rely on the rule laid down by this Court in Mrs. Zohra Begum v. Messrs Pakistan Burmah‑Shell Ltd. P L D 1984 S C 38. .
4. We find no substances in this plea, for, the High Court on proper interpretation of the lease‑agreement has correctly held that there is no basis for holding that the landlord .intended to create a perpetual lease for the benefit of the tenant by depriving himself of the benefits /facilities under the Rent Laws." The petition is, therefore, dismissed. M. I. Petition dismissed.