| Case ID |
67d8de74-d8c9-4078-97c6-3d8825a12edc |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
Oct 26, 2009 |
| Hearing Date |
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| Decision |
The Lahore High Court dismissed the second appeal filed by the appellant, Khurram Shuja, seeking to set aside the orders passed by the Rent Controller and the Additional District Judge, Okara. The court upheld the decisions of the lower courts, which had ordered the eviction of the appellant from the rented premises due to default in rent payment and the landlord's bona fide personal need. The court found no jurisdictional defects or misreading of evidence in the concurrent findings of the lower courts and directed the appellant to vacate the premises within four months while continuing to pay rent during this period. |
| Summary |
This case involves the eviction of a tenant, Khurram Shuja, from Fazal House on Multan Road, Okara. The eviction was sought by the landlord on grounds of default in rent payment and personal need. The Rent Controller and the Additional District Judge, Okara, both ruled in favor of the landlord, ordering the tenant's eviction. The tenant appealed to the Lahore High Court, arguing that the rent deeds were forged and that he had not defaulted on rent payments. He also contested the personal need claim, stating that the landlord had other residences. The High Court dismissed the appeal, finding that the lower courts had correctly appraised the evidence and that there was no jurisdictional error. The decision emphasized the importance of complying with rent deposit orders under the West Pakistan Urban Rent Restriction Ordinance, 1959. The court's decision underscores the principle that concurrent findings by lower courts are not easily overturned unless there is a clear jurisdictional error. Keywords: eviction, rent default, personal need, Lahore High Court, West Pakistan Urban Rent Restriction Ordinance. |
| Court |
Lahore High Court
|
| Entities Involved |
Fazal House,
Lawrence College of Information and Technology
|
| Judges |
IQBAL HAMEED-UR-RAHMAN, J
|
| Lawyers |
Ch. Muhammad Bashir,
Qazi Misbah-ul-Hassan
|
| Petitioners |
KHURRAM SHUJA
|
| Respondents |
another,
Mst. KISHWAR ZIA
|
| Citations |
2010 SLD 2409,
2010 CLC 1557
|
| Other Citations |
1988 SCMR 197,
2000 SCMR 556,
2001 SCMR 577,
2007 SCMR 818,
Messrs F.K. Irani and Company v. Begum Feroze 1996 SCMR 1178,
Muhammad Rafique v. Amir Shehzad 1999 YLR 610,
Raham Dil v. Province of Punjab 1999 SCMR 1060,
Syed Ghani v. Mst. Saba Bibi 2007 CLC 1075,
Alamghir Khan through legal heirs and others v. Haji Abdul Sattar and others 2009 SCMR 54,
Ch. Ijaz Sarwar v. Nadeem Farooq and another 2004 CLC 1525,
Javed Iqbal Butt v. Sheikh Fiyaz Ali by L.Rs 2004 CLC 981,
Khurshid Ahmad Qais v. Shahabuddin and 2 others PLD 1982 Lah. 13
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| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
13,
13(6),
15,
15(5)
|