1988 PLP 1917 (SCMR)
Mst.SHAMIM AKHTAR — Petitioner Versus MINHAJUL ABIDIN KHAN and others — Respondents
| Citation | 1988 PLP 1917 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh and Zaffar Hussain Mirza, JJ |
| Parties | Mst.SHAMIM AKHTAR — Petitioner Versus MINHAJUL ABIDIN KHAN and others — Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 1988 PLP 1917 (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 1988 PLP 1917 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh and Zaffar Hussain Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1917 (SCMR) (Mst.SHAMIM AKHTAR — Petitioner Versus MINHAJUL ABIDIN KHAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.Aslam Chishti, Advocate Supreme Court and M.K.N.Kohli, Advocate-on-Record for Petitioner.
- Basharatullah, Advocate Supreme Court and Iftikhar Muhammad, Advocate-on-Record for Respondents.
- Date of hearing: 9th June, 1988.
- M.Aslam Chishti, Advocate Supreme Court and M.K.N.Kohli, Advocate‑on‑Record for Petitioner.
- Basharatullah, Advocate Supreme Court and Iftikhar Muhammad, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(From the judgment/order of Baluchistan High Court, Quetta, dated 5-5-1988 in F.A.0. No.11 of 1988).
S.13(3)(a)(ii)--Constitution of Pakistan (1973), Art.185(3)- Ejectment--Personal need for children--Step-son--Ejectment on ground of need for step-son set aside by High Court on ground that step-son is not included within meaning of word "children" as defined in S.13(3)(a)(ii) of the Ordinance--Question raised being of general public importance affecting a large number of cases, leave to appeal granted to consider whether word "children" used in aforesaid provision of law was wide enough to include a step-son. Sirajuddin v. Mst.Rehmat Bibi and others 1983 C L C 2090 ref.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the judgment of Baluchistan High Court dated 5‑5‑1988 by which an appeal filed by respondents was allowed with the result that the order of the Rent Controller directing respondents' eviction from the demised premises was set aside. Petitioner had sought respondents' eviction on the ground that the demised premises were required for use of her son Muhammad Zahoor, who in fact was her step‑son, being the son of her late husband. The view that prevailed with the High Court in allowing the appeal was that the term "step‑son" is not included within the meaning of the word "children" as defined in Section 13(3)(a)(ii) of the Baluchistan Urban Rent Restriction Ordinance, 1959. In this behalf, learned Judge in the High Court relied on the decision of the Lahore High Court reported as Sirajuddin v. Mst. Rehmat Bibi and others (1983 C L C Lah. 2090). Mr. Muhammad Aslam Chishti, learned counsel appearing in support of the petition for leave to appeal from the judgment of the High Court submits that the word "children" in the aforesaid provision of law is wide enough to include a step‑son. Learned counsel with reference to the above reported case pointed out that the view that prevailed in that case was based on the concession of the opposite party in that case, and since this is a question of general public importance an authoritative decision of this Court is necessary. We are also of the view that the question raised is of general public importance which would affect large number of cases and should be authoritatively settled by this Court. We therefore grant leave to appeal and allow the petition. Security Rs.1,
000. The appeal will be heard on the present record but it is open to the parties to file additional documents, if any. M. I./S‑183/S Leave granted.