| Case ID |
00998d95-17da-40eb-b03c-a386b81e2e9c |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2315 of 1989 |
| Decision Date |
Nov 07, 1992 |
| Hearing Date |
Nov 07, 1992 |
| Decision |
This petition under Article 199 of the Constitution of Islamic Republic of Pakistan arises out of an application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959, filed by Khair Muhammad, seeking eviction of respondent No.3 from the shop situate in Mandi Bahaud Din, Tehsil Phalia District Gujrat, on various grounds, inter alia, that he required the shop for the use of his son Fakhar Alain. The application was dismissed by the Rent Controller on 13-4-1986, who found all the issues against the petitioner-landlord. The judgment of the learned Rent Controller was affirmed by the Additional District Judge, Gujrat on 14-12-1988, hence this petition. The learned counsel for the petitioner contended that the judgment runs counter to the law laid down by superior Courts, stating that it is the prerogative of the landlord to select any of his shops for his own personal use. The court found that the impugned judgment is not sustainable and remanded the case back to the Additional District Judge for a fresh decision, allowing the parties to produce additional evidence. |
| Summary |
The case revolves around the application of the West Pakistan Urban Rent Restriction Ordinance, where the petitioner, Khair Muhammad, sought eviction of a tenant from a shop for personal use. The Rent Controller dismissed the application, leading to an appeal that was also dismissed by the Additional District Judge. The petitioner argued that the dismissal was contrary to the prerogative of landlords to choose their properties for personal use. The case emphasizes the landlord's rights under the ordinance and highlights procedural missteps in the lower courts. The Lahore High Court's decision to remand the case underscores the importance of allowing landlords the opportunity to present their case fully, particularly when evictions involve personal bona fide requirements. This ruling is significant in the context of landlord-tenant relations and reinforces the legal framework governing such disputes, making it a notable case in the realm of property law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK-MUHAMMAD QAYYUM, J
|
| Lawyers |
Ch. Muhammad Abdul Wahid,
S.M. Rashid
|
| Petitioners |
KHAIR MUHAMMAD
|
| Respondents |
2 others,
ADDITIONAL DISTRICT JUDGE
|
| Citations |
1994 SLD 1236,
1994 CLC 517
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
13(3)(a)(ii)
|