Rent Laws of All Times
Rent restriction and ejectment case law from the Supreme Court and every High Court — searchable by court, province and year.
3308 of 3308 judgments
2026 SCMR 1132 SUPREME-COURT
Supreme Court · 2026
MOHAMMAD ZIAFAT VS TARIQ NAWAZ KHAN TAREEN S.13---Constitution of Pakistan, Art.185(3)---Ejectment of tenant---Concurrent findings of facts by two Courts below---Interference---Petitioner / tenant was aggrieved of eviction order passed against him by Lower Appellate Court and maintained by High Court in exercise of constitutional jurisdiction---Validity---It is not within the domain or func
2026 SCMR 1132 SUPREME-COURT
Supreme Court · 2026
MOHAMMAD ZIAFAT VS TARIQ NAWAZ KHAN TAREEN S.13---Constitution of Pakistan, Art.185(3)---Ejectment of tenant---Concurrent findings of facts by two Courts below---Interference---Petitioner / tenant was aggrieved of eviction order passed against him by Lower Appellate Court and maintained by High Court in exercise of constitutional jurisdiction---Validity---It is not within the domain or func
2026 SCMR 717 SUPREME-COURT
Supreme Court · 2026
NAWAB KHAN VS MUHAMMAD YOUSAF S.13---Qanun-e-Shahadat (10 of 1984), Art.115---eviction proceedings---Tenant denying landlord's title---Remedy for the tenant---Maintainability of ejectment petition---Scope---Respondents instituted a suit for recovery of produce and ejectment against the petitioners which was decreed; the petitioners' appeal, revision petition, and constitutional petition bef
2026 SCMR 321 SUPREME-COURT
Supreme Court · 2026
Dr. MUHAMMAD BASHIR QASIM VS GULZAR MEHMOOD Ss. 15 & 16(1)---Specific Relief Act (I of 1877), Ss. 12, 42 & 54---Ejectment of tenant---Striking off defence---Declaration to title or specific performance of agreement to sell---Defence of petitioners / tenants was struck off due to failure on their part to deposit arrears of rent---Petitioners / tenants claimed to be owners in possession of pr
2026 SCMR 208 SUPREME-COURT
Supreme Court · 2026
Mst. SHAISTA HUSSAIN VS FARZANA NAHEED Preamble---Existence of landlord and tenant relationship being the deriving factor conferring jurisdiction upon the Rent Tribunal---Scope---The 2009 Act proceeds on the assumption that there is a relationship of landlord and tenant between the parties in an eviction petition---The object behind the enactment of the 2009 Act is set out in its Preamble,
2026 SCMR 208 SUPREME-COURT
Supreme Court · 2026
Mst. SHAISTA HUSSAIN VS FARZANA NAHEED Ss.2(l) & 15---Landlord and tenant relationship, existence of---Proof---Onus to prove the existence of a relationship of landlord and tenant between the parties is on the landlord who seeks the eviction of a tenant.
2026 SCMR 208 SUPREME-COURT
Supreme Court · 2026
Mst. SHAISTA HUSSAIN VS FARZANA NAHEED Ss.2(l) & 15---Specific Relief Act (I of 1877), Ss.8, 12 & 54---eviction petition---Landlord and tenant relationship, denial of---Proof---Payment of rent as the determining factor---Significance---Petitioner (the purported buyer and landlady) claiming to have purchased the demised property from respondent No.1 (purported tenant) through agreement to se
2026 SCMR 171 SUPREME-COURT
Supreme Court · 2026
Mrs. TASNEEM ABBAS VS ADDITIONAL DISTRICT JUDGE, LAHORE S.15---Specific Relief Act (I of 1877), S.42---Tenant claiming ownership over rented property by filing a suit for declaration---Repercussions---Pendency of a civil suit filed by a tenant claiming to be an owner of rented premises cannot be a ground in an eviction petition either to dismiss or stay the proceedings before the rent tribu
2026 SCMR 171 SUPREME-COURT
Supreme Court · 2026
Mrs. TASNEEM ABBAS VS ADDITIONAL DISTRICT JUDGE, LAHORE Ss. 5(2), 8 & 9(a)---Punjab Rented Premises Act (VII of 2009), S.15---eviction petition---Landlord and tenant relationship, existence of---Proof---Requirement of entering the particulars of tenancy with the rent registrar, non-compliance of---Effect---Whether such defect was curable---Landlord-tenant relationship, denial of---Tenant cl
2026 MLD 27 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2026
Molvi Najeebullah VS Khan Gul S.13---Balochistan Waqf Properties Act (III of 2020), S.7---Civil Procedure Code (V of 1908), O.VII, R.11---eviction application---Summary rejection of plaint by Rent Controller---Validity---Mixed questions of law and facts---Recording of evidence necessary---Applicability of provisions of C.P.C. in rent laws/special laws---Scope---Control of mosque by Auqaf de
2026 CLC 950 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2026
AMIR RAZA BUTT VS Haji SHAMS-UD-DIN Ss. 13(3)(a)(ii) & 13(2)(vi)---eviction petition---Personal bona fide need of landlord---Scope---Re-construction / erection of rented properties---Scope---Good faith and reasonableness, demonstration of---Pre-requisite---Sanction from municipal authority, statutory requirement of---Scope---eviction of tenants, from rented shops in a market, was denied on
2026 YLR 928 LAHORE-HIGH-COURT-LAHORE
Punjab · 2026
Nasir Ishaq Malik VS Ch. Hasan Nawaz Ss. 17(9) & 24 ---Ejectment application---Rent Controller's order for deposit of arrear of rent and future rent, non-compliance with---Effect---eviction of tenant ordered---For eviction of appellant (tenant) on the grounds of default in payment of rent and expiry of lease a petition under S.17 of the Act, 1963, was moved by the respondent (landlord) clai
2026 YLR 547 LAHORE-HIGH-COURT-LAHORE
Punjab · 2026
Tanveer Amjad Tahir VS Shahid Mehmood Ss.22 & 25---eviction proceedings---Leave to contest---Preconditions---Scope---An application before the Rent Tribunal can only be contested by a respondent while moving an application for leave to contest in terms thereof within ten days of first appearance before the Rent Tribunal---Leave to contest can only be allowed to a respondent if his applicati
2026 YLR 547 LAHORE-HIGH-COURT-LAHORE
Punjab · 2026
Tanveer Amjad Tahir VS Shahid Mehmood Ss.2(b), 15, 19 & 22---Constitution of Pakistan, Art.199---Ejectment proceedings---Rejection of leave to contest, challenge to---Dispute regarding arrears/security requiring oral evidence---Effect---Final order, meaning of---eviction order alone without deciding security/arrears adjustment not a "final order"---Briefly, the petitioner was a tenant of re
2026 CLC 607 LAHORE-HIGH-COURT-LAHORE
Punjab · 2026
HASCOL PETROLEUM LIMITED VS ADDITIONAL RENT CONTROLLER S. 3---Arbitration Act (X of 1940), Ss. 20 & 34---Cantonments Rent Restriction Act (XI of 1963),S. 17---Arbitration clause---Reference to Alternate Dispute Resolution---Certain disputes had arisen between the parties and petitioner sought appointment of an arbitrator---Respondent filed eviction petition before Rent Controller which was
2026 PLD 172 LAHORE-HIGH-COURT-LAHORE
Punjab · 2026
PHIPSONS COMPANY (PVT.) LIMITED VS ZAHID MOYEEN Ss. 2(d) & 15---Ejectment petition---Maintainability---Filing of ejectment petition by un-authorized person, plea of---Contention of tenant was that the ejectment petition was not filed by the 'Trust'(landlord) but by 'Mutwalli'---Validity---'Mutwalli'was not only empowered to engage counsel for the conduct of cases for the Waqf property but h
2026 YLR 492 KARACHI-HIGH-COURT-SINDH
Sindh · 2026
Ahsan Ali VS Ali Ghulam Khoso Ss.13 & 15---eviction proceedings---Tenant subletting demised premises without landlord's written consent---Impermissibility---Sub-lessee failing to establish lawful possession---Sub-lessee claiming ownership of demised premises on the basis of a mere sale agreement---Legality---Sale agreement---Nature and legal effect---Sale agreement not being a document of t
2026 YLR 173 KARACHI-HIGH-COURT-SINDH
Sindh · 2026
Abdul Karim Khan VS M/s Shevron Pakistan Limited Ss.1, 5, 17 & Preamble---Sindh Rented Premises Ordinance (XVII of 1979), S.15---eviction petition before Rent Controller---Maintainability---Property situated within limits of Cantonment area---Jurisdiction of Rent Controller---If property is situated within territorial limits of Cantonment area the provisions of Cantonment Rent Restriction A
2026 MLD 830 KARACHI-HIGH-COURT-SINDH
Sindh · 2026
Gulzar Ahmed VS Muhammad Zaman Ss. 12 & 54---Qanun-e-Shahadat (10 of 1984) Chapter VI---Suit for specific performance of agreement to sell, injunction and recovery of damages---Exclusion of oral evidence by documentary evidence---Plaintiffs claimed to have entered into agreement with defendant to sell suit house, who had already received sale consideration---Validity---Defendant denied that
2026 CLC 731 KARACHI-HIGH-COURT-SINDH
Sindh · 2026
HAROON RASHEED VS SHAHNAWAZ MEMON S.15---Qanun-e-Shahadat (10 of 1984), Art.115---Ejectment of tenant---Estoppel upon tenant, principle of---Applicability---Default in payment of rent---Landlord and tenant, relationship of---Proof---Concurrent findings of facts by two Courts below---Petitioners / tenants were aggrieved of eviction orders passed by Rent Controller, which was maintained by Lo
2026 CLC 594 KARACHI-HIGH-COURT-SINDH
Sindh · 2026
ABDUL GHAFOOR VS Mst. SAKINA S.15---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), S.9---Ejectment petition---Oral tenancy---Relationship of landlord and tenant, denial of---Burden of proof---Landlord has to be prove his land-lordship and existence of relationship with the tenant---Confusion regarding ownership of demised premises---Effect---Rent Controller lackin
2026 CLC 594 KARACHI-HIGH-COURT-SINDH
Sindh · 2026
ABDUL GHAFOOR VS Mst. SAKINA S.15---Delay in seeking eviction of tenant by the landlord---Effect---Presumption of truth in favor of opposite party---Scope---Though non-payment of rent is a recurring cause for invoking jurisdiction of Rent Controller under Sindh Rented Premises Ordinance, 1979 seeking eviction and payment of rent but inordinate delay in adopting a legal course attaches a pre
2026 YLR 842 ISLAMABAD
ICT · 2026
Naveed Ahmad VS Learned Additional District Judge-XI, West, Islamabad Ss. 5 & 17---Registration Act (XVI of 1908), S. 17 (d)---Stamp Act (II of 1899), S. 35---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Non-registration of tenancy agreement--- Payment of stamp duty---Principle--- Petitioner / tenant was aggrieved of eviction order passed by Rent Cont
2026 MLD 538 ISLAMABAD
ICT · 2026
I-Active (Private) Limited VS M/s Saifco Developers Partnership Firm through Managing Partner S.17---eviction of tenant--- Landlord and tenant, relationship of--- Determination--- Rent Controller---Exercise of jurisdiction--- Petitioners / tenants were aggrieved of order passed by Lower Appellate Court setting aside order of Rent Controller whereby he framed an issue to redetermine relation
2026 CLC 104 ISLAMABAD
ICT · 2026
MUHAMMAD NAVEED AWAN VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD (WEST) Ss.17 & 19---Constitution of Pakistan, Art. 199---Ejectment petition---Change/transfer of ownership---Effect---Subsequent / new owner instituting ejectment proceedings---Relationship of landlord and tenant, denial of---Once a tenant, always a tenant---Principle---Mere transfer of ownership does not alter the status of the t
2026 CLC 104 ISLAMABAD
ICT · 2026
MUHAMMAD NAVEED AWAN VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD (WEST) S.19---Ejectment petition---Transfer/change of ownership---Issuance of intimation notice by new owner---Requirement---Exception stated---Filing of an eviction petition itself constitutes sufficient notice to the tenant of the landlord's intention to terminate the tenancy---The institution of eviction proceedings, by necessa
2025 SCMR 1691 SUPREME-COURT
Supreme Court · 2025
SALAHUDDIN AHMED VS KHURRAM SULTAN ABBASI S. 15(2)(vii)---eviction of tenant, seeking of---Ground---Bona fide personal need of the landlord is sufficient reason to seek eviction of tenant---It is the sole choice and prerogative of the landlord to choose the premises which better suits him as he is the best judge of his personal need and he is not under any legal obligation to act upon dicta
2025 SCMR 1691 SUPREME-COURT
Supreme Court · 2025
SALAHUDDIN AHMED VS KHURRAM SULTAN ABBASI S. 15(2)(vii)---eviction petition---Relationship between landlord and tenant, denial of---Suit for specific performance with respect to suit property filed by the tenant---Effect---Where a tenant has entered into an agreement with the vendor and has purchased the demised premises, for which he has instituted suit for specific performance and he deni
2025 SCMR 1691 SUPREME-COURT
Supreme Court · 2025
SALAHUDDIN AHMED VS KHURRAM SULTAN ABBASI S. 15---eviction of tenant---Tenancy, expiry of---Tenant continuing to hold possession of premises without landlord's consent---Effect and scope---After expiration of the tenancy period, a tenant, though can continue to hold over the possession of the rented premises, but his tenancy is rendered invalid, in that, it has come to an end and if there i
2025 SCMR 690 SUPREME-COURT
Supreme Court · 2025
ZAFAR IQBAL VS Syed RIAZ HUSSAIN SHAH S. 15---Constitution of Pakistan, Art. 10A---Rent proceedings---Due process and fair trial---Scope---Rent Tribunal adjudicates upon civil rights and obligations in eviction proceedings, and parties thereto are entitled to a fair trial and due process under Article 10A of the Constitution.
2025 SCMR 690 SUPREME-COURT
Supreme Court · 2025
ZAFAR IQBAL VS Syed RIAZ HUSSAIN SHAH Ss. 15 & 17---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Ejectment of tenant---Document---Proof---Provisions of Qanun-e-Shahadat, 1984---Applicability---Rent Tribunal dismissed ejectment application for failure of landlord to prove rent deed according to the provisions of Articles 17 and 79 of Qanun-e-Shahadat, 1984---Lower Appellate Court allowed a
2025 SCMR 544 SUPREME-COURT
Supreme Court · 2025
UMAR GUL VS Dr. HAFIZA AKHTAR S.13---Ejectment of tenant--- Relationship of landlord and tenant---Proof---Utility bills---Scope---Petitioner/tenant was aggrieved of eviction order passed by Lower Appellate Court, which was maintained by High Court---Petitioner/tenant claimed to be owner of demised premises and had relied upon utility bills in his name---Validity---Utility bills in the name
2025 SCMR 358 SUPREME-COURT
Supreme Court · 2025
SADAQAT ALI VS Mst. NASREEN AKHTAR S. 15---Civil Procedure Code (V of 1908), S. 12(2)---eviction of tenant---Default in payment of monthly rent---Unauthorized subletting of the property---Ex-parte order passed by Rent Controller not obtained by way of fraud or misrepresentation---Rent Controller attempted to serve notices upon the lesses and petitioners in the rent/eviction application thro
2025 SCMR 34 SUPREME-COURT
Supreme Court · 2025
KHURSHID ALI VS MIANGUL ADNAN AURANGZEB (deceased) S.8---Suit for recovery of possession and mesne profit---Declaration, non-seeking of---Defective title of opponent---Effect---Respondents/ plaintiffs sought recovery of possession of suit property and mesne profit on the plea of their ownership---Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of responde
2025 PLD 582 SUPREME-COURT
Supreme Court · 2025
ISHFAQ AHMED VS MUSHTAQ AHMED S. 19---Ejectment of tenant---Striking off defence---Petitioner/ landlord was aggrieved of judgment passed by High Court setting aside eviction order passed against respondent/tenant to vacate rented premises---Validity---Oral testimonies and documentary evidence produced by petitioner/landlord remained unchallenged, as right of respondent/tenant to cross-exami
2025 YLR 657 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2025
Abdul Rauf Kasi VS Syed Niza-ud-Din Ss. 13 & 15---Ejectment of tenant---Sub-letting---Default in payment of monthly rent---Non-appearance for cross-examination---Effect---Appellant / landlord was aggrieved of dismissal of his application seeking ejectment of respondents / tenants---Validity---Respondent / tenant was statedly a subletee, who at no point of time during the course of eviction
2025 PLD 68 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2025
ALLAH DAD VS MAQBOOL AHMED Ss. 47 & 151---Execution proceedings---Application for grant of relief not mentioned in the decree---Scope---Decree of eviction was passed by the Rent Tribunal with a direction to hand over vacant possession of shops and deposit remaining rent amount---Respondent/ decree holder filed an application under S. 151, C.P.C. before the Executing Court for grant of outst
2025 MLD 918 PESHAWAR-HIGH-COURT
KPK · 2025
Irfan Ullah VS Fayaz S. 13(6)---eviction petition---Order of the Rent Controller to deposit rent---Default by the tenant---Defence of the tenant, striking of---In wake of default in payment of monthly rent pursuant to the order of the Rent Controller, the defence of the tenant was struck of and eviction order was passed---Landlord filed constitutional petition as the District Court remanded
2025 CLC 1210 PESHAWAR-HIGH-COURT
KPK · 2025
MUHAMMAD RAHMAN VS MUHAMMAD AYUB Ss.13 & 14---eviction of tenant---Default in payment of outstanding rent---Recovery by landlord---Possession of the tenant over the premises after expiry of period of tenancy---Disappearance of tenant from the proceedings before the Rent Controller---Partial acceptance of application to the extent of ejectment and dismissal of appeal of tenant for recovery o
2025 CLC 1210 PESHAWAR-HIGH-COURT
KPK · 2025
MUHAMMAD RAHMAN VS MUHAMMAD AYUB Ss.13 & 14---eviction of tenant---Default in payment of outstanding rent---Solitary statement of landlord on oath not cross-examined by the tenants---Evidentiary value---Solitary statement of the landlord had not been cross-examined and whatever was deposed by him had gone unrebutted---In such circumstances, sole statement of the landlord could be considered
2025 YLR 663 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
Muhammad Ali VS Iftikhar Hussain Ss. 17 & 24---Ejectment of tenant---Default in payment of monthly rent---Relationship of landlord and tenant, denial of---Ejectment petition filed by respondent / ejectment petitioner was allowed by Rent Controller and appellants / tenantswere evicted from the premises---Validity---There was nothing on record to indicate that respondent / landlord whom appel
2025 YLR 663 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
Muhammad Ali VS Iftikhar Hussain S. 17---Ejectment of tenant---Relationship of landlord and tenant, denial of---Effect---If relationship of landlord and tenant is denied in an eviction petition, which subsequently proves to be false and concocted, then the tenant cannot be allowed to prove that he is not a defaulter.
2025 YLR 13 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
Khurram Shahzad VS Zeeshan Nawaz S. 5---Landlord and tenant relationship---Proof---Petitioners / tenants assailed eviction orders passed by two Courts below on the plea that there was no relationship of landlord and tenant between the parties--- Validity---Petitioners were only tenants of rented premises and were acting in support of their purported landlord to prove his title in respect of
2025 PCrLJ 1919 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
Muhammad Afzal VS State Ss. 3 & 7---Complaint---eviction and mode of recovery as an interim relief passed in a complaint under S.7 of the Illegal Dispossession Act, 2005---Possession orders passed as interim relief, invalidity of---Specificity and proper procedural consideration, lack of---Scope and effect---Interim relief, grant of---Stage---"During trial", meaning of---Petitioner ( accuse
2025 CLC 1852 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
SHABANA PARVEEN VS Malik MOHSIN HASSAN RASHEED Ss. 2(l) & 24---eviction application---Relationship of landlord and tenant, denial of---Order for payment of rent pending proceedings---Principle---Where the relationship of landlord and tenant is denied, the Rent Tribunal would lack jurisdiction, on account of the doctrine of jurisdictional fact, to pass an order for payment of rent due under
2025 CLC 1810 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
IZZAT KHAN VS ADDITIONAL DISTRICT JUDGE Art. 199---Punjab Rented Premises Act (VII of 2009), S. 15---eviction of tenant---Concurrent findings---Invoking constitutional jurisdiction of High Court---Scope---The question relating to existence of relationship of landlord and tenant inter se parties was undoubtedly a question of fact which had been concurrently resolved by both the courts below
2025 CLC 1705 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
FAYYAZ AHMED VS SPECIAL JUDGE (RENT) O.XXI, Rr.100, 101 & 103---Cantonments Rent Restriction Act (IX of 1963), S. 17---Ejectment proceedings---Execution of eviction order---Adjudication of questions as to title, right, interest or possession by the Executing Court---Powers and jurisdiction of Executing Court---Scope---Rule 103 of O. XXI of C.P.C. was substituted through Law Reforms Ordinanc
2025 CLC 1705 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
FAYYAZ AHMED VS SPECIAL JUDGE (RENT) S. 17---Civil Procedure Code (V of 1908), O.XXI, Rr.100, 101 & 103---Ejectment proceedings---Execution of eviction order---Objection application by the tenant, adjudication of---Scope---While adjudicating objection application of the tenant the court was obligated to frame issues and record evidence in order to resolve disputes raised by the tenant---Pet
2025 CLC 1268 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
ASIF ZAHOOR VS MUHAMMAD HANIF Ss. 2(j), 17, 17(8), 17(9) & 24---eviction of tenant---Non-compliance with tentative rent order passed by Rent Controller, consequences of---Scope---Failure to deposit rent, as ordered under S. 17(8) of the Cantonments Rent Restriction Act, 1963 (Act, 1963), leads to striking off defence and eviction without further proceedings as provided under S. 17(9) of the
2025 CLC 1268 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
ASIF ZAHOOR VS MUHAMMAD HANIF Ss. 2(j), 17, 17(8), 17(9) & 24 ---Ejectment application---Default in payment of rent and personal bona fide need of the landlord---Tentative rent order passed, non-compliance of---eviction of tenant ordered---Tenancy relationship, denial of---Tenant, definition of---Scope---Person remaining in possession and paying rent qualifies as tenant, even after expiry o
2025 MLD 1897 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
Muhammad Munir VS Mansoor Rasheed S. 15---Punjab Waqf Properties Ordinance (IV of 1979), S.2(e)---eviction petition---Relationship of landlord and tenant, denial of---Determination---Waqf property being demised premises---Scope---Claim of eviction petitioner was concurrently dismissed---Validity---In the present case, in view of respective claims of both the parties exhibited Waqf-deed beca
2025 MLD 1871 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
Malik Ijaz Ahmad Khan VS Federation of Pakistan Ss.3 & 5---Constitution of Pakistan, Art.199---Expiry of lease---Extinguishment of occupancy rights---Continued possession by lessee after lease term---Effect---Occupancy charges---Demand notice issued by authorities---Legality and scope ---Auction proceedings for grant of fresh lease term---Lessee of the expired lease claiming 'first right of
2025 MLD 344 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
Muhammad Amin VS Muhammad Asif Askari S. 17(4) --- eviction of tenant --- Personal bona fide need---Scope --- Rent Controller allowed the ejectment petition filed by the respondents seeking eviction of the appellant from shop (rented premises) --- Validity--- Personal bona fide need is one of the recognized grounds for eviction of a tenant from the rented premises under S.17 of the Cantonme
2025 MLD 344 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
Muhammad Amin VS Muhammad Asif Askari S. 17---eviction of tenant---Multiple grounds for eviction asserted by landlord---Effect---Rent Controller allowed the ejectment petition filed by the respondents seeking eviction of the appellant from shop (rented premises)---Validity---If landlord canvasses multiple grounds for the eviction of the tenant it is not necessary for him to establish and pr
2025 MLD 344 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
Muhammad Amin VS Muhammad Asif Askari S. 17 ---Premises rented for residential purpose ---Conversion into commercial activity --- Effect---Record revealed that while moving the ejectment petition, the respondents/landlord canvassed that the "rented premises" were in fact meant for residential purpose and on account of its conversion into commercial activity, a notice was served by the conce
2025 MLD 344 LAHORE-HIGH-COURT-LAHORE
Punjab · 2025
Muhammad Amin VS Muhammad Asif Askari Ss. 17(4), 17(5) & 17(6)--- eviction of tenant --- Personal bona fide need ---Scope --- Rent Controller allowed the ejectment petition filed by the respondents seeking eviction of the appellant from shop (rented premises) --- Validity--- In terms of subsection (5) of S.17 of the Cantonments Rent Restriction Act, 1963 ('the Act 1963'), the Controller sha
2025 YLR 2329 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
Mrs. Rehana Khatoon VS M/s Delsol the School S.15---eviction petition---Maintain-ability---Landlord being represented through attorney---Effect and scope---Such petition is maintainable if instituted through a duly authorized attorney representing the landlord---Landlord/landlady cannot be non-suited on the ground of non-examining himself/herself in support of personal bona fide need and hi
2025 YLR 2329 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
Mrs. Rehana Khatoon VS M/s Delsol the School S.15---eviction petition---Personal bona fide need of the landlord/ landlady---Scope---The petitioner (landlady) filed eviction petition against respondent No.1 under S.15 of the Sindh Rented Premises Ordinance, 1979 (SRPO, 1979), on grounds of default, nuisance, and personal bona fide need---The Rent Controller allowed the application filed by t
2025 YLR 2329 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
Mrs. Rehana Khatoon VS M/s Delsol the School S.15-A---eviction petition---Personal bona fide need of the landlord/landlady, plea of---Protection available to the tenant where landlord/ landlady misuses plea of personal bona fide need---Accountability mechanism---Scope---The provision of S.15-A of the Sindh Rented Premises Ordinance, 1979 was introduced to ensure that ejectment proceedings a
2025 YLR 1114 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
Shaikh Nasiruddin VS Ghulam Ali Kaderbhoy S.15---Constitution of Pakistan, Art.199---Ejectment of tenant---Default in payment of rent---Order of eviction of tenant by the Rent Tribunal---Filing of appeal---Delivery of possession of the demised premises during the pendency of appeal, which culminated into dismissal of appeal having become infructuous---Validity---During the pendency of appea
2025 YLR 382 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
Ali Abid VS Muhammad Ayoub Ss.15 & 16---Tentative rent-depositing order, non-compliance of---Effect---Relationship of landlord and tenant, denial of---eviction order was passed after the tenant failed to comply with tentative rent-depositing order passed by the Rent Controller allowing Rent Application filed by the landlord---Petitioner / tenant filed constitutional petition as District Cou
2025 YLR 125 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
Aslam VS United Bank Ltd. S.15---eviction petitions---Default in payment of rent---Subletting without consent of bank/landlord---eviction petitions were dismissed by the Rent Tribunal, against which appeals were preferred, which were accepted on the ground of default only as the ground of subletting the shops was withdrawn by the landlord---Contentions of the petitioners/tenants was that th
2025 MLD 1001 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
Dr. Hassan Fatima, Sindh Medical Centre VS Pakistan Red crescent society through Provincial Secretary Ss.15-A & 15(2)(vii)---eviction of tenant---Personal bona fide need of land lord---Default in payment of rent---Landlord's testimony viz. bona fide need sufficient if unshaken in cross-examination---Landlord's testimony going unrebutted---Ejectment upheld---Protection to tenants---Accountab
2025 MLD 789 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
Agha Imtiaz Ali Khan VS Mrs. Syeda Tatheer Fatima S. 12(2) & O.1, R. 10(2)---Rent matter---eviction of tenant---Ex-parte ejectment order---Respondent No. 1 filed ejectment application against respondent No. 2---Rent controller allowed the eviction application by way of an ex-parte order---Petitioner filed an application under S.12(2) read with O.1, R. 10(2), C.P.C., seeking recalling of the
2025 MLD 633 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
Nawab VS Ihsan Ali Khan Ss. 3, 4, 5, 6 & 7---Criminal Procedure Code (V of 1898), S. 439---Illegal dispossession of property---Appreciation of evidence---Civil litigation---Scope---Allegation against accused/respondents was that they illegally dispossessed the applicant and his brother issuing threats of murder---Complaint filed by the applicant/complainant was dismissed---Validity---Record
2025 CLC 1510 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
MEEZAN BANK LIMITED VS EDULJEE DINSHAW (PVT.) LIMITED S. 15(2)(ii), proviso---Ejectment of tenant---Default in payment of rent---Subsequent payment---Effect---Petitioner / tenant claimed that subsequently it paid the rent due, therefore, there was no default under proviso to S. 15(2)(ii) of Sindh Rented Premises Ordinance, 1979---Validity---Provision of proviso to S. 15(2)(ii) of Sindh Rent
2025 CLC 1418 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
Mst. SHAMSHAD BEGUM VS SHAHID ALI Ss. 5 & 20---Civil Procedure Code (V of 1908), S. 12(2)---eviction petition---Oral tenancy, proof of---Relationship of landlord and tenant, denial of---Proof---Jurisdiction of the Rent Controller---Scope---Respondent No.1 (alleged to be a tenant) claimed that he never remained in possession of the suit property---Copy of rent agreement was not produced by t
2025 CLC 1116 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
CEDAR PRIVATE LIMITED VS SENIOR CIVIL JUDGE-II/RENT CONTROLLER KARACHI SOUTH Ss.15, 16(1) & 16(2)---Constitution of Pakistan, Art.199---eviction of tenant---Willful default in payment of rent and infringement of tenancy agreement---Pendency of civil suits regarding the premises---Filing of application by the landlord for deposit of arrears of rent and future rent---Passing of tentative orde
2025 CLC 1116 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
CEDAR PRIVATE LIMITED VS SENIOR CIVIL JUDGE-II/RENT CONTROLLER KARACHI SOUTH Ss. 15 & 16(1)---Constitution of Pakistan, Art.199---eviction of tenant---Interlocutory order of deposit of arrears of rent and future rent---Interference by the High Court in its constitutional jurisdiction---Scope---Jurisdiction of High Court under Art. 199 of the Constitution cannot be invoked against an interlo
2025 CLC 1054 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
MEHMOOD BROTHERS VS YOUSUF ALI S. 15---Constitution of Pakistan, Art. 199---Limited scope of constitutional jurisdiction in rent matters---Ejectment application based on bona fide personal need of landlord / landlady---eviction ordered by Rent Controller---Scope---Requirement for eviction under personal use---Establishing landlord's need is genuine and in good faith---Unshaken and consisten
2025 CLC 876 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
NANIK RAM JETHWANI VS LAKHMICHAND WADWANI S. 15(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Default in payment of rent and bona fide personal need of land lord---Denial of relation of landlord and tenant on the ground of business partnership---Ejectment application filed by the landlord was dismissed by the Rent Controller but Appellate Court or
2025 CLC 876 KARACHI-HIGH-COURT-SINDH
Sindh · 2025
NANIK RAM JETHWANI VS LAKHMICHAND WADWANI O. XLI, R. 24---Sindh Rented Premises Ordinance (XVII of 1979), S.15(2)--- Where evidence on record sufficient---Power of Appellate court to determine case finally---Scope---Plea of the petitioner (tenant) was that the Appellate Court instead of passing the eviction order should have remanded the matter to the Rent Controller---Validity---Appellate
2025 YLR 2784 ISLAMABAD
ICT · 2025
Fazal Raheem VS Rent Controller (East), Islamabad Art.199---Islamabad Rent Restriction Ordinance (IV of 2001), S.21(1)---eviction petition---Interlocutory order passed by Rent Controller---Appeal against interlocutory orders, prohibition of---Legislative bar---Constitutional jurisdiction of the High Court, invoking of---Limitations and scope---It is trite principle of law that when a statut
2024 SCMR 1796 SUPREME-COURT
Supreme Court · 2024
Mst. MUSSARRAT SHAHEEN VS Mst. VERBEENA KHAN AFROZ S. 15---eviction of tenant---Default in payment of rent---Personal bona fide need of landlady---When a landlord/landlady pursues eviction on the grounds of personal bona fide need and non-payment of rent, such a claim cannot be dismissed simply by challenging the ownership of the property---It is pertinent to consider the substance of the l
2024 SCMR 1767 SUPREME-COURT
Supreme Court · 2024
MUHAMMAD AIN-UL-HAQ VS ABDUL ALI S. 15---eviction of tenant---Execution proceedings---Scope---Tenant challenging only the execution proceedings rather than the original eviction order---Effect---In the present case tenant (petitioner) had only challenged the execution proceedings rather than the original eviction order passed by the Rent Controller---As the eviction order itself had not bee
2024 SCMR 1560 SUPREME-COURT
Supreme Court · 2024
ASHFAQ HUSSAIN VS GHULAM NABI Ss. 15 & 18---eviction petition---Death of original tenant---No intimation of such death to the landlord---Subletting without consent of landlord---Respondent (current occupant of subject premises) had admitted that he never informed the landlords/petitioners about the death of his grandfather, who was the original tenant inducted by the petitioners---Moreover,
2024 SCMR 781 SUPREME-COURT
Supreme Court · 2024
ALAY JAVED ZAIDI VS HABIBULLAH Ss. 8, 15 & 18---Change of ownership---Intimation of such change to the tenant---Substantial compliance of section 18 of the Sindh Rented Premises Ordinance, 1979 ('the Ordinance')---Scope---Institution of an application for determination of fair rent by the new landlord under section 8 of the Sindh Rented Premises Ordinance, 1979 would be deemed to be suffici
2024 SCMR 452 SUPREME-COURT
Supreme Court · 2024
NASIR KHAN VS NADIA ALI BUTT S. 25(3)---Ejectment petition---Ex-parte proceedings against tenant---Tenant deliberately delaying proceedings by not appearing before the Rent Tribunal---eviction petition was instituted on 22.04.2021 and summons were issued to the petitioner (tenant) for appearance on 30.04.2021, however, despite receipt thereof by the petitioner's brother, the petitioner was
2024 PLD 960 SUPREME-COURT
Supreme Court · 2024
MUSHTAQUE AHMED VS SHAHZAD KHAN S. 22---Constitution of Pakistan, Art. 204---Supreme Court Rules, 1980, O. XXVII, R. 1---eviction order---Execution proceedings---Rent Controller as the Executing Court---Scope---Contempt proceedings for violation of order of the Supreme Court---Ejectment order passed by the Rent Controller was affirmed in the First Rent Appeal, and thereafter it was further
2024 YLR 532 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2024
ZAHOOR DIN VS REHMATULLAH Ss. 13 & 15---eviction petition---Relationship of landlord and tenant, denial of---Jurisdiction of the Rent Controller, invoking of---eviction petitioner (claiming ownership of the demised property on the strength of mutation entry in the Record-of-Rights in his name) moved eviction petition before the Rent Controller---Person-in-possession of the demised property
2024 MLD 1785 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2024
Hunain alias Moon VS Murad Bakhsh Ss.13 & 13(2)(1)---eviction of tenant---Default in payment rent---Rent Tribunal ordering recovery of outstanding rent alongwith utility bills---Legality---Denial of relationship of landlord and tenant---Tenancy without written instrument---There was no evidence to substantiate the contention of the appellant that the premises in question was rented out by a
2024 CLC 2052 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2024
NAIMAT ALI SHAH VS ANJUM SHAGUFTA Ss.13(1) & 13(3)(a)(i)(a)---Qanun-e-Shahadat (10 of 1984), Arts.115 & 125---eviction order----Default in payment of rent---Personal bona fide need---Denial of relationship of landlord and tenant---Burden of proof---Non-mentioning of details as to purchase of property in dispute---Entering into a contract of tenancy and admission as to payment of rent---Deni
2024 YLR 2779 PESHAWAR-HIGH-COURT
KPK · 2024
Nisar Ullah VS Farman Ali Ss.13-A & 13(6)---Ejectment of tenants---Denial of relationship of landlord and tenant---Deposit of rent before the Rent Controller---Petitioners/ subsequent transferees of property in dispute posing themselves to be landlords filed eviction petitions on the grounds of default, personal need and violation of terms of agreement---During the pendency of eviction peti
2024 YLR 552 PESHAWAR-HIGH-COURT
KPK · 2024
UMER KHAN VS MEMBER-I, BOARD OF REVENUE, KHYBER PAKHTUNKHWA, PESHAWAR S. 12(2)---Khyber Pakhtunkhwa Tenancy Act (XXV of 1950), Ss. 52 & 56---Appeal, preferring of---Limitation---Time requisite to obtain certified copies---Scope---Revenue Court (of original jurisdiction) while accepting the suit filed by the land-owners, passed the eviction order, which order was maintained by the first Appe
2024 YLR 122 PESHAWAR-HIGH-COURT
KPK · 2024
NISAR (deceased) VS MUHAMMAD IQBAL (deceased) S. 13---Constitution of Pakistan, Art. 199---eviction of tenant---Willful default in payment of rent---Concurrent findings---Constitutional jurisdiction of the High Court---Scope---High Court could not interfere with the concurrent findings of both the Courts below until and unless there had been found any material irregularity or misapplication
2024 YLR 122 PESHAWAR-HIGH-COURT
KPK · 2024
NISAR (deceased) VS MUHAMMAD IQBAL (deceased) S. 13---eviction of tenant---Wilful default in payment of rent---Tendering of rent---Options---Rent Controller passed eviction order, which was maintained by the Appellate Court---Contention of the petitioner/tenant was that he had attempted to discharge his liability of paying the rent arrears---Validity---Record was silent regarding the conten
2024 CLC 1966 PESHAWAR-HIGH-COURT
KPK · 2024
RAHIM ULLAH VS Mst. YASMEEN BIBI S.13(2)(ii)(a)---Ejectment of tenants---Sub-tenant, status of---Demised property was rented out to the tenants with condition of construction, who without permission of landladies further sublet the same to first subletees and the said subletees sublet the same to second subletees---Tenants admitted subletting owing to insufficient amount for construction---
2024 CLC 493 PESHAWAR-HIGH-COURT
KPK · 2024
MUHAMMAD YASIN VS LOCAL GOVERNMENT through Secretary Local Government Khyber Pakhtunkhwa at Peshawar Ss.3, 11, 12 & 13---Specific Relief Act (I of 1877), S.42---Suit for declaration---Public property, dispute over---Title or ownership, question of---Entries in the revenue record---Scope---Jurisdiction of the Tribunal constituted under Khyber Pakhtunkhwa Public Property (Removal of Encroachm
2024 CLC 64 PESHAWAR-HIGH-COURT
KPK · 2024
The DEPUTY COMMISSIONER BAJAUR VS Mst. MAHI SULTAN Ss.7(5) & 11---Constitution of Pakistan, Art. 199---Allotment of Government accommodation---Removal of encroachments and eviction of unauthorized occupant---Scope---Allotted quarter was cancelled from the name of the respondent---Being aggrieved, she filed a declaratory suit with permanent and mandatory injunction against the Deputy Commiss
2024 YLR 1981 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
Sohail Niaz Khan VS Bilal Rizwan Ss. 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Failure to deposit rent---Effect---eviction orders were concurrently passed against the petitioner / tenant---Validity---Plea of the petitioner /tenant was that he was paying rent to the mother of the respondent (ejectment petitioner) after the demise of respondent's father, t
2024 YLR 1981 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
Sohail Niaz Khan VS Bilal Rizwan Ss. 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Failure to deposit rent as directed by High Court---Effect---Petitioner/tenant was directed to deposit rent before the High Courtby the 5th day of relevant month, when he approached it (High Court) against eviction ordershaving concurrently been passed against him---Petitioner
2024 YLR 1981 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
Sohail Niaz Khan VS Bilal Rizwan Ss. 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Legal heirs of original landlord/land-owner, entitlement of---Scope---Oral tenancy---Scope---Failure to deposit rent---Effect---eviction orders were concurrently passed against the petitioner / tenant---Plea of the petitioner /tenant was that he was paying rent to the mother o
2024 YLR 776 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
MUHAMMAD ISLAM VS ADDITIONAL DISTRICT JUDGE Ss. 2(d), 15, 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Status of ejectment petitioner as "landlord"--- Scope---Petitioner/tenant, who admittedly executed the lease agreement with the respondent, had failed to establish bona fide in raising plea regarding status of respondent as landlord---Definition of the 'la
2024 YLR 776 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
MUHAMMAD ISLAM VS ADDITIONAL DISTRICT JUDGE Ss. 15 & 19---eviction of tenant---Tenancy agreement, expiry of---Scope---Petitioner/tenant was non-suited by both the Courts below on his failure to produce any payment of receipt of rent due---Validity---In the present case, tenancy agreement inter se the landlord and tenant had expired and there was no extension of agreement between the parties
2024 YLR 776 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
MUHAMMAD ISLAM VS ADDITIONAL DISTRICT JUDGE Ss.7, 15, 19 & 20---eviction petition---Payment of rent, mode of---Scope---Claim of the petitioner/tenant was that he had paid excess amount which be treated as rent paid---Validity---There was nothing reliable placed on record by the petitioner in support of his claim---Punjab Rented Premises Act, 2009, recognized modes of payment only as provide
2024 YLR 824 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
ABDUL WAHID VS ADDITIONAL DISTRICT JUDGE, LAHORE S. 17(8)--- eviction petition---Relationship of landlord and tenant, denial of---Scope---Trial Court dismissed the ejectment petition, whereas the appellate Court allowed the ejectment petition---Petitioner, in reply to eviction petition filed by the respondent, categorically denied the relationship of landlord and tenant between the parties-
2024 PLD 608 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
WAHEED YOUNAS VS ADDITIONAL DISTRICT JUDGE, GUJRANWALA Ss. 2(a), 2(f) & 19---eviction of tenant---Relationship of tenant and landlord, denial of---Dispute qua ownership of rented premises---Ejectment-petitioner (Masjid) sought eviction of the tenant from its (Masjid's) shops---Plea of the tenant was that he was not under tenancy of the ejectment-petitioner, instead (he was tenant) of Evacue
2024 PLD 608 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
WAHEED YOUNAS VS ADDITIONAL DISTRICT JUDGE, GUJRANWALA Ss. 2(a), 2(f) & 19---eviction of tenant---Rented premises claimed to be "any place of religious worship"---Scope---Rent Tribunal, jurisdiction of---Scope---Ejectment-petitioner (Masjid) sought eviction of the tenant from its (Masjid's) shops---Tenant filed present constitutional petition against eviction orders concurrently passed agai
2024 CLC 1776 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
GHULAM DASTGIR SIDDIQUI VS Mst. ELIZBETH S. 17---eviction of tenant---Default in payment of rent---Onus to prove---Rent Controller dismissed ejectment petition filed by the appellants / landlords---Validity---One of the appellants / landlords ,while appearing as a witness, categorically asserted that the respondents / tenants had defaulted in payment of rent w.e.f. January, 2013---Though sa
2024 CLC 1776 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
GHULAM DASTGIR SIDDIQUI VS Mst. ELIZBETH Arts.70 & 89---Cantonments Rent Restrictions Act (XI of 1963), S.17---eviction proceedings---Qanun-e-Shahadat Order ( 10 of 1984), applicability of---Scope---Documentary evidence, relevancy / admissibility of---Receipt of monthly rent, tendering of---Scope---Receipt of rent was exhibited / brought on record through the statement of counsel of the ten
2024 CLC 1776 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
GHULAM DASTGIR SIDDIQUI VS Mst. ELIZBETH S. 17---eviction of tenant---Personal bona fide need of landlord---Scope---Rent Controller dismissed ejectment petition filed by the landlords for eviction of tenant from rented premises (house)---Validity---Record revealed that one of the appellants / landlords, while himself deposing as witness, during his cross examination, admitted that previousl
2024 CLC 1776 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
GHULAM DASTGIR SIDDIQUI VS Mst. ELIZBETH S. 17---eviction of tenant---Monthly rent, rate of---Divergent stances of the parties---Rent Controller rejected eviction of the tenants sought by the ejectment petitioners / landlords---Rate of monthly rent was claimed by the appellants/landlords as Rs.6000/-, which was controverted by the respondents/tenants, while submitting their written reply wh
2024 CLC 1712 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
MAQSOOD AHMAD VS ADDITIONAL DISTRICT JUDGE, FAISALABAD Ss.15 & 19(3)---eviction of Tenant on the ground of default in payment of rent---Improvement in evidence qua period of default---Effect---Failure of the landlord to give concise statement under S.19(3) of the Punjab Rented Premises Act, 2009 ('Act, 2009') qua period of default---Effect---eviction order on the basis of alien/innovative g
2024 CLC 1402 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
ABDUL HAMEED VS ARIF JAVED Ss. 6(1) & 17---Punjab Rented Premises Act (VII of 2009), S. 19---Ejectment petition---Forum of filing---Rent Controller Cantonment Board---Jurisdiction---Tenant asserted that the rented premises was situated under limits of cantonment---Petitioner/tenant assailed concurrent findings whereby the Special Judge (Rent) had assumed jurisdiction qua rented premises pas
2024 MLD 1262 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
Muhammad Hamid Ali VS Anjuman-e-Burhani of Dawadi Bhora Community S. 17 ---Ejectment petition --- Multiple grounds for the eviction of the tenant --- Proof---If landlord canvasses multiple grounds for the eviction of the tenant it is not necessary for him to establish and prove all those grounds --- If the landlord is able to prove one of the grounds asserted in the ejectment petition, the
2024 MLD 1262 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
Muhammad Hamid Ali VS Anjuman-e-Burhani of Dawadi Bhora Community S. 17---Ejectment petition---Default in payment of monthly rent---Relationship of landlord and tenant, denial of---Rent Controller allowed the ejectment petition, seeking eviction of the appellant from the rented premises (shop owned by the Trust), filed by the respondents(Anjuman/community managing the affairs of the Trust)-
2024 MLD 413 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE Ss.13, 15, 19 & 22---eviction petition---Grounds---Property required for personal use---Not a ground in the Punjab Rented Premises Act, 2009---eviction petitioner had set-up the number of grounds of eviction in relevant paragraph of his eviction-petition in which he had included the ground of requirement of property for personal use also, which (gro
2024 MLD 413 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE Ss. 13, 15, 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Oral tenancy---Scope---Petitioner (eviction petitioner)claimed that respondent /tenant had acquired possession of the premises from the purported previous owner, who had sold the premises to the petitioner through a sale-deed and purported previous owner at th
2024 MLD 413 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE Ss. 2(d), 2(l), 13, 15, 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Rent dispute---Rent Tribunal, jurisdiction of---Scope---Petitioner (eviction petitioner) on the strength of sale deed and mutation, claimed that previous owner of demised premises, who had rented out the premises to respondent , had sold out the pr
2024 MLD 334 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
IRSHAD AHMED VS SHAUKAT HUSSAIN KIYANI S. 19---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Un-registered tenancy agreement---Mandatory provision, violation of---Petitioner/tenant was aggrieved of eviction order passed by Rent Tribunal and maintained by Lower Appellate Court on the ground that in case of unregistered tenancy agreement mandatory provis
2024 CLC 486 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
ISRAR HUSSAIN VS IMTIAZ AHMAD SHEIKH Ss. 13, 15 & 19---eviction of tenant---Default in payment of rent---Expiry of lease---Verbal extension in lease and deposit of additional security alleged by the tenant---Special Judge (Rent), inherent jurisdiction of---Scope---Application for the eviction of petitioner/tenant was allowed and appeal filed by him was dismissed---Contention of the petition
2024 CLC 230 LAHORE-HIGH-COURT-LAHORE
Punjab · 2024
NASIRA BIBI VS SPECIAL JUDGE RENT, LAHORE Ss. 15, 19, 22, 25, 27 & 34---Qanun-e-Shahadat (10 of 1984), Art.164---eviction petition---Documents relied upon by an ejectment petitioner to be appended with the ejectment petition---Non-compliance---Inadvertent defect---Scope---Principles of fairness and equity---Production of evidence having been made available because of modern device---Landlor
2024 YLR 2795 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
Tariq Hussain VS Ghulam Abbas Sangi Ss.15, 15(2)(vii) & 15(2)(2)---Constitution of Pakistan, Arts.10-A & 23---eviction order---Willful default in payment of rent and utility bills---Bona fide personal need---Failure of the tenant to discharge burden of proof as to default--Pendency of suit for specific performance qua property in dispute---Relationship of landlord and tenant, denial of---ev
2024 YLR 1845 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
Dildar Khan VS Mst. Fatima Bibi S.15---Specific Relief Act (I of 1877), S.12---Qanun-e-Shahadat (10 of 1984), Art. 114---Ejectment of tenant---Specific performance of agreement to sell---Petitioner was plaintiff/tenant in suit property and contended to be owner in possession on the basis of agreement to sell---Lower Appellate Court passed eviction order against petitioner on the basis of ej
2024 YLR 1043 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
MUMTAZ HUSSAIN VS ALLAH WADHAYO Ss. 5 & 15---Tenancy agreement---Oral tenancy---Petitioner/landlord sought eviction of respondent/tenant on the plea of bona fide personal need and default in payment of monthly rent---Rent Controller and Lower Appellate Court declined to evict respondent/tenant on the ground that there was no written tenancy agreement---Validity---Method in respect of execut
2024 YLR 1011 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
FAQEER HUSSAIN & COMPANY VS SIR HAJI ABDULLAH HAROON TRUST WAKF-2 S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Power of attorney---Ratification of authority---Death of principal---eviction of petitioner/tenant was sought by a person holding joint power of attorney executed by two Matwali of the trust---Rent Controller and Lower Appellate Cour
2024 YLR 449 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
GHULAM NABI VS ASHFAQ HUSSAIN S.15---eviction of tenant---Grounds---Willful default in payment of rent and sub-letting--- Not established---Relationship of landlord and tenant, denial of---Concurrent findings were passed against the tenant---Contention of the petitioner/tenant was that he was not defaulter as he was depositing rent without any default and also paying bills accordingly---Val
2024 YLR 269 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
Mst. HAWA ABDUL RAZZAK VS ABDUL REHMAN TAAR WALA S. 15---eviction of tenant---Default in payment of rent---Absence of bona fide to pay rent---eviction order was concurrently passed against the petitioner/tenant---Validity---Neither the petitioner/tenant rebutted relationship of landlord and tenant amongst the parties nor he brought any material to state as to when and how he had paid the re
2024 YLR 254 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
ABDUL SHAKOOR VS Mst. ZAHIDA HAROON Ss. 14 & 15---eviction of tenant---Scope--- Personal bona fide need---Petitioners were legal heirs of the deceased who was original-tenant of the respondent (original-landlord)---Original-landlord had admittedly transferred the rights of the demised property to his son as being his share in property, however, said son passed away whose widow surfaced clai
2024 MLD 1768 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
Syed Iftikhar Haider Rizvi VS VIth Additional District and Sessions Judge, Karachi Central Ss.15, 16(1) & 16(2)--- Filing of two applications in rent case---Default in deposit of future tentative rent as ordered by Rent Controller---Striking off defence---Concurrent findings of fact by Courts below---Tenant claimed to have deposited tentative rent in the miscellaneous rent case (MRC)---Cont
2024 MLD 1655 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
Muhammad Ali VS Ali Gohar S. 15---Ejectment of tenant---Relationship of landlord and tenant, denial of---Competency of co-owner to collect rent and seek ejectment of tenant---Petitioner/tenant was aggrieved of eviction order passed by Rent Tribunal which was maintained by Lower Appellate Court---Allegedly, there was no relationship of landlord and tenant between the parties---Petitioner/ten
2024 MLD 1655 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
Muhammad Ali VS Ali Gohar S. 15---Ejectment of tenant---Willful default in payment of rent---Rent deposited in Court belatedly---Petitioner/tenant was aggrieved of eviction order passed by rent Tribunal which was maintained by Lower Appellate Court---Claim of respondent No.1/applicant was that the petitioner/opponent had committed default in payment of monthly rent from January, 2018---Appl
2024 MLD 1655 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
Muhammad Ali VS Ali Gohar S. 15---Ejectment of tenant---Bona fide personal need of landlord Prerogative of landlord to select any prevaitness for his personal need---Petitioner/tenant was aggrieved of eviction orders passed by rent Tribunal which was maintained by Lower Appellate Court---In the rent application as well as in the evidence adduced on behalf of applicant, it had categorically
2024 MLD 1267 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
Askari bank Limited VS Hafiz Ghulam Murtaza Ss. 15 & 16---Limitation Act (IX of 1908), Art. 110---Specific Relief Act (I of 1877)---Ss. 8 & 10---Suit for recovery of possession, arrears of rent and compensation--- Rented premises---Civil Court, jurisdiction of---Plaintiff was owner of industrial unit which was rented out to defendant---Plaintiff sought recovery of possession and arrears of
2024 CLC 1158 KARACHI-HIGH-COURT-SINDH
Sindh · 2024
REHMATULLAH BROHI VS GHULAM SARWAR S. 15---Sindh Waqf Properties Act (XXVII of 2020), Ss.10 & 11---Ejectment of tenant---Concurrent findings of facts by two Courts below---Petitioner / tenant was aggrieved of eviction order passed against him by two Courts below---Plea raised by petitioner / tenant was that demised premises was Waqf property and provisions of Sindh Waqf Properties Act, 2020
2023 CLC 77 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2023
Dr. SARA JAFFER VS ZARAK KHAN Ss.5 & 10---Civil Procedure Code (V of 1908), S.9---eviction of unauthorized occupants---Jurisdiction of Civil Court barred---Scope---Jurisdiction of Civil Court is curtailed from passing temporary injunction or ad-interim injunctive order in any suit restraining the Government or any officer authorized by it from taking possession of any land or building under
2023 PLD 98 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2023
BANDENAWAZ (PRIVATE) LIMITED VS FEDERATION OF PAKISTAN through Deputy Director Ministry of Defence Ss. 3, 117, 135 & 172(2)(xiii)--- Land Revenue Rules, 1968, Rr. 67-A & 67-B---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Maintainability---Partition, demarcation of agricultural land and eviction of unauthorized land owner---Civil Court or Revenue Authorities, jurisdiction
2023 YLR 2522 PESHAWAR-HIGH-COURT
KPK · 2023
GOVERNMENT OF KHYBER PAKHTUNKHWA through Deputy Commissioner, Swabi VS SAID AMIN Ss. 3 & 13---Public property, dispute over---Title or ownership, question of---Entries in the record, challenging of---Jurisdiction of the Tribunal constituted under Khyber Pakhtunkhwa Public Property(Removal of Encroachment) Act, 1977 ('the Tribunal')---Scope---Plaintiffs were served with eviction notices by t
2023 YLR 1743 PESHAWAR-HIGH-COURT
KPK · 2023
ISHAQ KHAN VS RABINA ASIF Ss. 17(8) & 17(9)---eviction of tenant---Default in payment of rent and sub-letting---Order of the Rent Controller to deposit interim rent, non-compliance of---Scope and effect---Ten (10%) annual increase in monthly rent was incorporated in the rent agreement made between the parties---Rent Controller issued specific order, against the tenants, under S. 17(8) of th
2023 YLR 1719 PESHAWAR-HIGH-COURT
KPK · 2023
NADEEM KHAN VS MAQBALI KHAN KHALIL S. 13---eviction of tenant---Scope---Concurrent orders for ejectment--- Validity--- Relationship of tenant and landlord had not been denied---Tenant had not complied with the order passed by Rent Controller for deposit of the tentative rent arrears coupled with the deposit of regular monthly rent---Rent Controller had rightly exercised the jurisdiction und
2023 YLR 507 PESHAWAR-HIGH-COURT
KPK · 2023
MUHAMMAD MANZOOR VS Dr. SOHAIL MEHMOOD S. 13---eviction petition---Restoration of possession--- Scope--- Tenant sought restoration of possession on the ground that the landlord had not utilized the suit property for personal use---Validity---Landlord had remained successful for ejectment of the tenant on two grounds, the first ground was personal bona fide need and the second ground was def
2023 YLR 367 PESHAWAR-HIGH-COURT
KPK · 2023
RAZA KHAN VS Haji JAVAID S. 17---Ejectment of tenant---Striking of defence---Default in payment of monthly rent---Scope---Appellants were tenants and their defence was struck of due to their failure to deposit monthly rent and eviction order was passed by Rent Controller---Validity---Tenant had no option left to delay making deposit as each day after 5th of each month would fall within the
2023 CLC 1770 PESHAWAR-HIGH-COURT
KPK · 2023
MUHAMMAD RAMZAN VS Mian MUHAMMAD WAQAS S.13---eviction of the tenant---Personal bona fide need of the landlord---Scope and proof---Rent Tribunal dismissed the eviction application of the respondent/ landlord ,however, Appellate Court accepted the appeal and ordered eviction on the basis of personal bona fide need---Contention of the petitioners / tenants was that the suit-shops were actuall
2023 CLC 1770 PESHAWAR-HIGH-COURT
KPK · 2023
MUHAMMAD RAMZAN VS Mian MUHAMMAD WAQAS S. 13---Constitution of Pakistan, Art. 199---eviction proceedings---Factual controversy, determination of---Constitutional jurisdiction of the High Court---Scope---While exercising constitutional jurisdiction, High Court will not enter into factual controversies which have already been dealt by a competent Court of law vested with statutory powers, par
2023 CLC 1770 PESHAWAR-HIGH-COURT
KPK · 2023
MUHAMMAD RAMZAN VS Mian MUHAMMAD WAQAS S. 13---Constitution of Pakistan, Art. 199---eviction proceedings---Well reasoned judgment passed by the Appellate Court---Constitutional jurisdiction of the High Court, invoking of---Scope---Appellate Court had declared the bona fide need of the landlord / respondent as genuine after taking into consideration sufficient reasons---Such findings of the
2023 CLC 1770 PESHAWAR-HIGH-COURT
KPK · 2023
MUHAMMAD RAMZAN VS Mian MUHAMMAD WAQAS Ss. 13(2)(iv), 13(3)(a)(i), (ii) & 13(4)---eviction of the tenant---Personal bona fide need of the landlord---Restoration of the evicted tenant---Scope---Contention of the petitioners/tenants was that the suit-shops were actually not required by the landlord for his personal bona fide need, instead he had an inclination to re-let to other persons which
2023 CLC 871 PESHAWAR-HIGH-COURT
KPK · 2023
NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Deposit of rent through money order---Proof---Tenant contested the court orders directing his eviction---Tenant argued that when the landlord refused to accept the monthly rent, he sent it via money orders---However, this argument was not valid because the tenant did not plead this aspect in his written reply, nor did he present receipts
2023 CLC 871 PESHAWAR-HIGH-COURT
KPK · 2023
NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Expiry of tenancy agreement---Scope---Tenant challenged the court orders that directed his eviction---Validity---Tenancy period had expired and no rent agreement was executed between the parties---As a result, the tenant's possession was subject to the landlord's discretion---Therefore, when the landlord demanded possession of the rented
2023 CLC 871 PESHAWAR-HIGH-COURT
KPK · 2023
NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Sub-letting---Personal need of landlord---Scope---Tenant challenged the court orders that directed his eviction---Validity---Tenant's witness admitted that the tenant was living abroad to earn a livelihood and that he was running a business in the rented premises---Witness also stated that he took possession of the rented premises from t
2023 CLC 871 PESHAWAR-HIGH-COURT
KPK · 2023
NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Expiry of tenancy agreement---Scope---After expiry of tenancy when no further tenancy agreement is executed, tenancy between the parties is to be considered on month-to-month basis, and after expiry of tenancy period the tenant loses his right to continue his possession as a tenant over the rented premises.
2023 CLC 871 PESHAWAR-HIGH-COURT
KPK · 2023
NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Payment of rent---Scope---Section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959, stipulates that if the tenancy relationship is undisputed, the Rent Controller will direct the tenant to deposit all rent payments due and require regular deposits until the final decision of the case---Tenant must deposit the monthly ren
2023 CLC 871 PESHAWAR-HIGH-COURT
KPK · 2023
NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Payment of security---Scope---Plea of payment of pagri/security does not disentitle the landlord form filing the ejectment proceedings against the tenant on the ground of personal bona fide need---Payment of security cannot operate as an obstacle against the right of landlord to use his own property when genuinely required.
2023 CLC 277 PESHAWAR-HIGH-COURT
KPK · 2023
SHER AFZAL KHAN VS NOOR ISLAM S.13---eviction of tenant---Reconstruction of rented premises---Scope---No restriction exists for seeking the eviction of the tenant on the ground of reconstruction of the demised premises subject to the conditions as provided in S.13(2)(vi) of the Rent Restriction Ordinance, 1959---No requirement of the law for the landlord to establish that the demised premis
2023 CLC 277 PESHAWAR-HIGH-COURT
KPK · 2023
SHER AFZAL KHAN VS NOOR ISLAM S.13---eviction of tenant---Reconstruction of rented premises---Permission for reconstruction obtained after decision on ejectment petition---Effect---Landlord filed an application for ejectment of tenants under S.13(2)(vi) of the Urban Rent Restriction Ordinance, 1959---Rent Controller dismissed the ejectment application---Appellate Court dismissed the appeal-
2023 PLD 126 PESHAWAR-HIGH-COURT
KPK · 2023
UMAIR KHAN VS AAMIR MEHFOOZ-UR-REHMAN Ss. 13 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---eviction of tenant---Landlord and multiple tenants---Multiple eviction petitions---Multifariousness of cause of action---Appeal---Scope---Petitioner filed seven ejectment petitions for the eviction of various tenants---Rent Controller, in the impugned order, s
2023 PLD 507 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
GHULAM ALI VS Rana BABAR KHAN Ss. 26, 31& 34---Civil Procedure Code (V of 1908), S. 12(2)---Rent proceedings---Civil Procedure Code, 1908, applicability of---Rent Tribunal passed an eviction order in the rent proceedings in which the petitioner was not impleaded---Petitioner moved the Rent Tribunal by filing an application for suspension of eviction order which was dismissed with the observ
2023 PLD 465 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
RAHIM DAD VS SAEEDA KHANUM S. 8---Civil Procedure Code (V of 1908), S. 2(12)---Punjab Tenancy Act (XVI of 1887), S. 43---Qanun-e-Shahadat (10 of 1984), Art. 114---Suit for possession and mesne profits---Application to Revenue Officer for ejectment---Estoppel---Scope---Petitioner assailed the judgment and decree whereby the respondent's suit for possession along with recovery of mesne profit
2023 YLR 820 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
GHULAM HUSSAIN VS RENT CONTROLLER, GUJRANWALA Ss. 21 & 22---eviction---Setting aside ex-parte proceeding/decree---Defective service---Scope---If ex-parte orders/ decrees were passed on the basis of defective service, then same would adversely affect not only valuable rights of the litigants but also render the Court proceedings defective/meaningless as final order on defective foundation wa
2023 YLR 820 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
GHULAM HUSSAIN VS RENT CONTROLLER, GUJRANWALA Ss. 21 & 22---eviction---Ex-parte order---Application for setting aside ex-parte eviction order was submitted by two of the respondents, which was accepted by Special Judge (Rent) directing the petitioner to implead another respondent as party to ejection petition---Petitioner contended that application for setting aside ex-parte decree was not
2023 YLR 729 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
KHADIM HUSSAIN VS ADDITIONAL DISTRICT JUDGE, LAYYAH Ss. 2(m), 6 & 19---Landlord and tenant, relationship---Oral tenancy agreement--- Proof--- Petitioner was aggrieved of eviction order passed by Lower Appellate Court---Validity---In order for an eviction petition to succeed and exercise of jurisdiction by Rent Tribunal under Punjab Rented Premises Act, 2009, it was necessary that respondent
2023 YLR 420 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
MUSHTAQ AHMED VS ISHFAQ AHMED S. 15--- eviction--- Improvement beyond pleading at evidence stage---"Landlord", definition of---Default in payment of rent; unauthorized changes in the nature/character of property and requiring same for personal use/ occupation---Respondent filed eviction application alleging that he purchased the property through a registered sale-deed that petitioner (being
2023 PLD 47 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
HABIB BANK LIMITED VS AYUB-UL-HASSAN KHOKHAR S. 24---eviction of tenant---Default in payment of tentative rent fixed by Rent Tribunal ---Petitioner/tenant committed default in payment of tentative rent fixed by Rent Tribunal and eviction order was passed against it---Validity---Rate of rent was not denied by petitioner/tenant---Rent Tribunal rightly directed petitioner/tenant to deposit mon
2023 CLC 2140 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
MISTARY SHAHID KARIM VS ADDITIONAL DISTRICT JUDGE Ss. 19 & 22---eviction of tenant---Landlord and tenant, relationship of---Proof---Petitioner/tenant assailed eviction order on the plea that no relationship between the parties as landlord and tenant existed---Validity---Record showed the respondents as owner in the khata where the rented premises was situated---Petitioner in his application
2023 MLD 1958 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
SAJID IQBAL SHEIKH VS ADDITIONAL DISTRICT JUDGE, LAHORE Ss. 10 & 19---Specific Relief Act (I of 1877), S. 42---eviction of tenant---Oral tenancy agreement---Suit for specific performance with respect to subject property filed by the tenent---Tenant denied existence of relationship of landlord and tenant---Rent Tribunal dismissed the eviction petition filed by the respondent/landlord, howeve
2023 CLC 1331 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
PUNJAB PROVINCIAL COOPERATIVE BANK LIMITED VS MEMBER (COLONIES) BOARD OF REVENUE PUNJAB, LAHORE S.10---Punjab Rented Premises Act (VII of 2009), S. 11---Issue of statements of conditions of tenancies---Cancellation of lease---Sub-letting---Arrears of rent, entitlement to---Scope---Special Judge (Rent) on the application of the bank (original lessee) had directed eviction of the sub-lessee a
2023 CLC 1087 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
YOUNAS RASHEED VS MUHAMMAD KASHIF IQBAL S.21---Qanun-e-Shahadat (10 of 1984), Art. 129---General Clauses Act (X of 1897), S. 27---eviction petition---No order to serve notice through courier service---Scope and effect---Rent Controller dismissed application of petitioner/tenant to set-aside ex-parte proceeding and leave to contest---Record revealed that although the notice was issued to the
2023 CLC 1087 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
YOUNAS RASHEED VS MUHAMMAD KASHIF IQBAL Ss.16(4), 21(1), (2), (4) & 22---Constitution of Pakistan, Art.10-A---eviction petition---Leave to contest---Scope---Fair trial and due process---Rent Controller dismissed application of petitioner/tenant to set-aside ex-parte proceeding and leave to contest---Held, that S.16 of Punjab Rented Premises Act, 2009 ("the Act 2009) conferred exclusive juri
2023 CLC 1070 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
MUHAMMAD NAZEER VS GHULAM HUSSAIN S.17(8)---Constitution of Pakistan, Art. 199---eviction petition---Interim/Interlocutory order---Constitutional jurisdiction of the High Court---Scope---Respondent of eviction petition denied existence of relationship of landlord and tenant, but Rent Controller passed a tentative rent order against him---Held, that though in ordinary course, the constitutio
2023 CLC 1070 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
MUHAMMAD NAZEER VS GHULAM HUSSAIN S.17(8)---eviction petition---Relationship of landlord and tenant, denial of---Tentative rent order---Scope---Rent Controller, powers of---Petitioner, in reply to eviction petition filed by the respondent, categorically denied the relationship of landlord and tenant between the parties---Validity---Purpose and object of the Cantonments Rent Restriction Act,
2023 CLC 738 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
Rana MUHAMMAD AHMAD TAHIR VS Mian MUHAMMAD ZIA S.13(2)(i)---eviction of tenant---Willful default in payment of rent---Appellate court upheld the eviction order on ground of willful default---No regular payment was made by the appellant, especially for the period highlighted by the courts below, and nor was the requisite enhancement made since the existence of relationship of landlord and te
2023 CLC 738 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
Rana MUHAMMAD AHMAD TAHIR VS Mian MUHAMMAD ZIA S.5-A---Statutory increase in rent---Scope---Specific and separate notice for payment of increased rent was not necessary to be served upon a tenant and default would not to be presumed on lapse thereafter, rather a tenant must be conscious of the fact that increase was duly provided in the statute and he was bound to obey the dictates of law--
2023 PLD 225 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
ABDUL MALIK alias BADSHAH KHAN VS ADDITIONAL DISTRICT JUDGE Ss. 19 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---Title of ownership---Determination---Petitioner/tenant assailed eviction order on the plea that after rejecting application for leave to defend the case, Rent Tribunal recorded evidence of respondent/ ejectment petitioner---Validity---Rent Tribunal conclud
2023 CLC 86 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BUREWALA S.15---eviction proceedings, separate character of---Agreement to sell or a suit for specific performance instituted on the basis of the same does not debar the eviction in accordance with law.
2023 CLC 86 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BUREWALA Preamble & S.26---Tribunal, extent of the power of---Dispute regarding the title of the property cannot be determined in eviction proceedings.
2023 CLC 86 LAHORE-HIGH-COURT-LAHORE
Punjab · 2023
MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BUREWALA Ss.5 & 15---Oral tenancy---eviction---Right to produce evidence was closed---Constitutional petition---Respondent alleged that suit premises/shop was given on rent to the petitioner being close relative; that petitioner allowed hawkers to use the front of the rented premises; that petitioner stopped making payment of rent to respondent--
2023 PLD 411 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
MUHAMMAD SALIK ATHAR VS MUHAMMAD OBAID S. 15---Constitution of Pakistan, Art. 199---Writ of certiorari---Scope---eviction of tenant---Petitioner/tenant invoked constitutional jurisdiction of the High Court to assail concurrent findings passed against him---Validity---High Court , normally, does not operate as a Court of appeal in rent matters, rather its jurisdiction is limited to disturb t
2023 PLD 411 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
MUHAMMAD SALIK ATHAR VS MUHAMMAD OBAID S.15---eviction of tenant---Willful default in payment of rent---Bona fide personal need---Relationship of landlord and tenant, denial of---Sale-agreement---Goodwill/Pagri---Scope---Concurrent findings were passed against the tenant---Contention of the petitioner/tenant was that he was lawful purchaser/owner of the demised premises under sale-agreement
2023 YLR 1385 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
Mst. IRSHAD BIBI VS SAMIULLAH NIAZI O.XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss. 39, 42 & 54---Suit for cancellation of document, declaration of title and injunction---Interim injunction, refusal of---Scope---Plaintiff filed a suit for administration, claiming that her father had purchased the property in question in the name of his nephew, which was later transferred to the pl
2023 YLR 414 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
ABDUL MALIK VS PROVINCE OF SINDH through Secretary (Revenue) Ss. 14 & 15---Suit for possession and mesne profit---Grounds for eviction---Jurisdiction---Law did not restrict landlord to file any suit, but for the eviction of tenant from the premises the relevant law was the Sindh Rented Premises Ordinance, 1979---Jurisdiction for rent proceedings vested with the Rent Controller---Tenancy pro
2023 YLR 40 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Personal bona fide need of landlord---Honesty of intention---Scope---Primary requirement and condition precedent for invoking provision of S. 15(2)(vii) of Sindh Rented Premises Ordinance, 1979, claiming relief on the ground of personal bona fide need of landlord in good faith is that the landlord should be
2023 YLR 40 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Personal bona fide need of landlord---Scope---Landlord filed applications for eviction of tenants from a building on the ground of personal requirement---Rent Controller allowed the ejectment applications---Appeals filed by tenants were dismissed---Contention of tenants was that neither the names of family m
2023 YLR 40 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Letter of attornment---Scope---Landlord filed applications for eviction of tenants from a building on the ground of personal requirement---Rent Controller allowed the ejectment applications---Appeals filed by tenants were dismissed---Contention of tenants was that except a letter of attornment nothing was av
2023 YLR 40 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Personal bona fide need of landlord---Honesty of intention--- Scope--- Sufficiency of accommodation either for a commercial/ industrial activity or for residential purpose is to be adjudged best by the landlord himself and it may not vary only on case to case basis but also on the basis of nature of business
2023 YLR 40 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Personal bona fide need of landlord---Honesty of intention---Scope---Section 15(2)(vii) of Sindh Rented Premises Ordinance, 1979, requires demonstration of elements such as honesty of purpose and reasonableness---From the statement of landlord/owner for the purpose of eviction of a tenant on the ground of pe
2023 YLR 40 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Transfer of property, challenge to---Scope---Many ways were available by which a property can be transferred to a beneficiary and one of those ways is by way of gift which may be a written/registered instrument or an oral deposition---Transfer of title by way of an oral gift is recognized under the law inclu
2023 YLR 40 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Personal bona fide need---Honesty of intention---Scope---Requirement of premises in good faith is not capable of being confined to precise, identical or invariable definition nor any hard and fast rule can be propounded as to encompass all possible eventualities which could arise due to particular facts and
2023 PLD 369 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
HASCOL PETROLEUM LIMITED VS IIIRD SENIOR CIVIL JUDGE/RENT CONTROLLER, KARACHI S. 13---Arbitration Act (X of 1940), S. 34---eviction of tenant---Power to stay legal proceedings where there is an arbitration agreement---Scope---Respondent sought eviction of petitioner---In response, the petitioner filed an application invoking S. 34 of the Arbitration Act, 1940, read with S. 94 of the C.P.C.-
2023 PLD 282 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
MUHAMMAD ZUBAIR VS Mst. LUBNA IMRAN S. 15---eviction of tenant---Fixation of the case, for a particular purpose (of evidence etc.), by the Reader of the Court---Legality---Stage of raising question of law---Scope---Rent Controller was on leave on one of the dates of hearing ('date-in-question') of rent-case and the Reader of the Court gave next date of hearing of the case for cross-examinat
2023 MLD 1556 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
MANSOOR-UL-HAQUE SOLANGI VS PAKISTAN INDUSTRIAL DEVELOPMENT CORPORATION (PVT.) LTD. (PIDC) S. 15---Ejectment of tenant---Personal need of landlord---Default in payment of rent and utility charges---Concurrent findings of two Courts below---Special costs, imposing of---Petitioner/tenant was aggrieved of eviction order passed by Rent Controller, which order was maintained by Lower Appellate C
2023 MLD 522 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
MUHAMMAD AKRAM VS JAMIA IMAMIA TRUST S. 15---eviction petition---Trust property---Management of the trust, relevance of--- Personal requirement--- Scope---Trust/landlord filed eviction application on the ground of default and personal requirement for the extension of Madarsa and for teachers to provide them some residential accommodation---eviction application was concurrently allowed on th
2023 MLD 380 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
MAHMOOD ANDHA VS VIITH RENT CONTROLLER KARACHI, SOUTH S. 15---Civil Procedure Code (V of 1908), O. I, R. 10---eviction petition---Court may strike out or add parties---Scope---Landlord sought eviction of tenant through an application before the Rent Controller---Petitioner/intervener filed application under O. I, R. 10, C.P.C., claiming to be in possession of the demised premises and paying
2023 MLD 103 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
Mst. SAMINA BEGUM VS MUHAMMAD HAQ NAWAZ KHAN S. 15---eviction petition---Relationship of landlord and tenant, denial of---Scope---If the tenant asserts that he is no more a tenant as he had purchased the rented premises, even then he has to vacate the premises and file a suit for specific performance of the sale agreement; he would be entitled to possession of the premises in accordance wit
2023 PLD 235 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
MUHAMMAD YOUNUS BILLOO VS Mrs. PIYARI SADIQ WAHAB S.15---Specific Relief Act (I of 1877), S. 12---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment proceedings---Maintainability---Relationship of landlady and tenant---Specific performance of agreement to sell---Possession of premises---Part performance of agreement---Petitioner/tenant entered into agreement with respo
2023 CLC 1906 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
MUHAMMAD SAMI alias SHABRATI VS MODEL CIVIL APPELLATE COURT S.15---Constitution of Pakistan, Art. 199---Writ of certiorari---eviction of tenant---Petitioner/tenant invoked constitutional jurisdiction of the High Court to assail concurrent findings passed against him---Validity---High Court, normally, does not operate as a Court of appeal in rent matters, rather its jurisdiction is limited t
2023 CLC 1906 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
MUHAMMAD SAMI alias SHABRATI VS MODEL CIVIL APPELLATE COURT S.15---eviction of tenant---Willful default in payment of rent---Bona fide personal need---Relationship of landlord and tenant, denial of---Goodwill/Pagri---Scope---It was second round of litigation after being remanded, when the concurrent findings were passed against the tenant---Contention of the petitioner/tenant was that the d
2023 CLC 1817 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
MUHAMMAD HAZIQ ALI KHAN VS IXth ADDITIONAL DISTRICT JUDGE, HYDERABAD Ss.2(f), 2(j) & 15---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), S.9---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Landlord and tenant relationship, denial of---Effect---General jurisdiction of Civil Courts---Scope---Petitioners / landlords sought evicti
2023 CLC 1279 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
Dr. SUNIL ANAND HOTWANI VS ABDUL WAKEEL S.13---eviction---Non-compliance of tentative rent order---Statutory tenant---Enhancement of rent under expired contract---Scope---Tenant assailed an order whereby his defense was struck off due to non-payment of tentative rent and consequently he was directed to vacate the demised premises---Contention of tenant was that the Rent Controller did not h
2023 CLC 1279 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
Dr. SUNIL ANAND HOTWANI VS ABDUL WAKEEL S.16---Arrears of rent---Expression "summary inquiry"---Scope---When a case for eviction of a tenant is filed, the Rent Controller is required to determine the arrears of rent payable by the tenant upon an application filed by the landlord---Rent Controller is required to conduct a summary inquiry and then direct the tenant to deposit the specified ar
2023 CLC 344 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
ABDUL HAMEED ASGHAR VS Vth ADDITIONAL DISTRICT JUDGE-EAST S.15---eviction application---Trust property---Scope---eviction applications were filed by respondent in his own name and not on behalf of the trust by pleading therein that he was "the lawful attorney of the owner" of the demised premises; it was not disclosed or pleaded by him that the demised premises were owned by the Trust or he
2023 CLC 198 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
Mst. NADRA JAMIL SIDDIQUI VS MUNIR AHMED S.21---Limitation Act (IX of 1908), S. 5---Appeal---Limitation---Condonation of delay---Scope---Petitioner/Landlady filed rent case against the tenant for his eviction on the grounds of personal need and default in payment of monthly rent, which was dismissed---Appeal was also dismissed as being barred by limitation---Contention of petitioner was tha
2023 CLC 129 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
ADAM KHAN VS GHULAM RASOOL S.15---eviction petition---Relationship of landlord and tenant, denial of---Dismissal of suit for specific performance---Scope---Landlord sought eviction of his tenant on the grounds of personal need and default in payment of monthly rent---Rent Controller directed the tenant to deposit arrears of rent and also the future rent---On failure of tenant to comply with
2023 CLC 129 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
ADAM KHAN VS GHULAM RASOOL S.15---Specific Relief Act (I of 1877), S.12---eviction petition---Suit for specific performance---Scope---If the tenant asserts that he is no more a tenant as he had purchased the rented premises, even then he has to vacate the premises and file a suit for specific performance of sale agreement; he would be entitled to possession of the premises in accordance wit
2023 YLRN 9 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
NOORULLAH VS MUHAMMAD FARRUKH S. 7---eviction and mode of recovery as an interim relief---Scope---Relief under subsection (1) to S. 7 of the Illegal Dispossession Act, 2005, is an interim relief which provides that during pendency of the trial of main case/complaint filed under section 3 of the Act, if Trial Court is satisfied that, on the basis of available material, prima facie the propos
2023 YLRN 9 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
NOORULLAH VS MUHAMMAD FARRUKH Ss. 3 & 7---Prevention of illegal dispossession of property---eviction and mode of recovery as an interim relief---Scope---Accused assailed order passed by Trial Court whereby the complainant's application under S. 7 of Illegal Dispossession Act, 2005, was allowed---Held; Station House Officer (SHO) had reported that the complainant was lawful owner of the prop
2023 YLRN 2 KARACHI-HIGH-COURT-SINDH
Sindh · 2023
Syed JAN ALI SHAH VS SOOMAR JAGIRANI Ss. 3 & 7---Criminal Procedure Code (V of 1898), S. 417(2)---Prevention of illegal possession of property, eviction and mode of recovery as an interim relief---Appreciation of evidence--- Appeal against acquittal---Illegal dispossession---Allegation against the accused persons was that they in the dark hours of night forcibly occupied an area of approxim
2023 CLC 1315 ISLAMABAD
ICT · 2023
MUHAMMAD MOINUDDIN KHAN VS DISTRICT JUDGE, ISLAMABAD Ss. 12(2) & 35(1)(i)---Constitution of Pakistan, Art.199---Constitutional petition--- False and vexatious litigation---Cost of litigation, awarding of---Petitioner filed ejectment petition claiming himself as owner of suit property, which was decreed ex-parte in favour of petitioner--- Respondent claimed to be owner of suit property and h
2023 CLC 207 ISLAMABAD
ICT · 2023
Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD S.17---Tenancy agreement, expiry of---Scope---Once the lease period was expired, there was no hindrance to proceed further by the Rent Controller in the eviction proceedings, except by passing the eviction order forthwith, unless the tenant prima facie produces any documentary evidence qua extension of l
2023 CLC 207 ISLAMABAD
ICT · 2023
Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD Ss.16A & 17---Mediation Council, procedure of---"Good will"---Scope---Automatic increase of rent---Scope---Respondent/landlord filed eviction application alleging that lease agreement had expired; that petitioner/tenant had defaulted in payment of rent on due dates; that he handed over post-dated cheques
2023 CLC 207 ISLAMABAD
ICT · 2023
Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD S.16A---eviction---Tenant taking defense of goodwill---Terms "goodwill" and "pagri"---Definition and legal value of----Concept of goodwill had not been explained in the Islamabad Rent Restriction Ordinance, 2001 or the Islamabad Rent Restriction (Amendment) Act, 2021---Goodwill of a business was somethin
2023 CLC 188 HIGH-COURT-AZAD-KASHMIR
2023
FAYYAZ AHMED ABBASI VS DISTRICT JUDGE MUZAFFARABAD S.14---eviction of tenant---Auction of articles lying in rented premises---Scope---Tenant assailed order passed by Rent Controller whereby he had ordered for auction of the articles installed in rented premises by the tenant---District Judge dismissed the appeal---Validity---Petitioner had neither paid monthly rent nor had he vacated the re
2023 CLC 188 HIGH-COURT-AZAD-KASHMIR
2023
FAYYAZ AHMED ABBASI VS DISTRICT JUDGE MUZAFFARABAD S.14---eviction of tenant---Execution of orders---Scope---If the order of Rent Controller is not complied with the punitive action can be pressed into service.
2022 PLD 558 SUPREME-COURT
Supreme Court · 2022
Mrs. MUHAMMAD AKBAR VS ABDUL JALIL S. 11---eviction of tenant---Personal bona fide need of landlord for non-residential purposes---Whether before filing of eviction petition permission of Rent Controller in terms of section 11 of the Balochistan Urban Rent Restriction Ordinance, 1959 ('the 1959 Ordinance') was required where landlord intends to use a residential premises for non-residential
2022 PLD 366 SUPREME-COURT
Supreme Court · 2022
Malik MUHAMMAD ARIF VS ZAFAR IQBAL S. 19---eviction application incorrectly addressed to the Civil Court---Rectification of error by registering the same as an ejectment application---In the present case, the petitioner (landlord) filed an ejectment application before the Trial Court but it was addressed to the Civil Court---However, the contents of the application precisely stated the fact
2022 YLR 2110 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2022
TORAB KHAN VS TAHIR KHAN S. 13(6)---Non-deposit of tentative monthly rent on fixed day -Striking off defence---Respondent/land lord filed eviction application against appellant/ tenant before Trial Court---Trial Court directed appellant to deposit tentative monthly rent---Appellant failed to deposit rent for some months on the day fixed by trial court---Respondent submitted an application t
2022 MLD 961 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2022
MUHAMMAD ZAMAN VS HAMEEDULLAH S.13---Ejectment application for 3 shops was filed by the Landlord/appellant on grounds of wilful default and personal bona fide need---Respondent (tenant) contested the application on ground that neither the appellant was owner of property nor respondent had ever been inducted as tenant of appellant; that another person was actual owner of the shops in questio
2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2022
SHER MUHAMMAD VS BIBI SAFIA S.13---eviction of tenant---Denial of relationship of landlord and tenant---Verbal tenancy agreement---Scope---Tenant/appellant contended that in absence of tenancy agreement or rent receipt, mere mutation entry/ownership was not a determining factor to establish relationship of landlord and tenant between the parties---Held, that contention of the tenant was not
2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2022
SHER MUHAMMAD VS BIBI SAFIA S.13---eviction of tenant---Willful default---Personal bona fide need of landlord---Denial of relationship of landlord and tenant---Rent Controller, jurisdiction of---Scope---Appellant/tenant contended that Rent Controller lacked jurisdiction in the present matter as he was tenant of previous landlord of suit-house and was in its occupancy since long---Held, that
2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2022
SHER MUHAMMAD VS BIBI SAFIA S.13---eviction of tenant---Willful default---Personal bona fide need of landlord---Denial of relationship of landlord and tenant---Burden of proof---Appellant/tenant contended that he was tenant of previous landlord of suit-house and was in its occupancy since long---Held, that tenant had to stand on his own legs and was required to discharge onus of proof upon
2022 CLC 1354 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2022
MUHAMMAD IMRAN VS MUHAMMAD AFZAL Ss.13, 13A & 14---Personal bona fide need of landlord---eviction application filed by appellant with averments that he was a lawful owner of commercial property (two shops with front-seat/platform); that respondents were tenants of previous owners; that one respondent sublet the platform of said shops without owner's permission/consent; that sub-tenants also
2022 CLC 173 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2022
IQRA ANWAR-UL-QURAN LIL ITEFAL VS PAKISTAN BROADCASTING CORPORATION, HEADQUARTER ISLAMABAD S.13---Constitution of Pakistan, Arts.23 & 24---Right of ownership---eviction of tenant---Right of property as a fundamental right was protected under Arts. 23 & 24 of the Constitution---Right of ownership was a fundamental right superior than the right of tenancy---Appellant/tenant, being inferior in
2022 CLC 173 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2022
IQRA ANWAR-UL-QURAN LIL ITEFAL VS PAKISTAN BROADCASTING CORPORATION, HEADQUARTER ISLAMABAD S.13---Ejectment of tenant---Bona fide personal need of landlord---Statement of landlord---Scope---Landlord/Pakistan Broadcasting Corporation (PBC) filed eviction petition on the ground that demised property (flats) were required in good faith for accommodation of its employees---Held, that statements
2022 PLD 97 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2022
MUHAMMAD AMEEN KHOKAR VS MUHAMMAD ASIF AWAN Ss. 13 & 13A---eviction of tenant---Personal/bona fide need of landlord--- Respondent/applicant/landlord filed eviction application alleging that he purchased house in question and served notice to appellant for payment of rent to him in future and vacant possession of the same being required for his personal bona fide use/occupation---Rent Contro
2022 PLD 97 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2022
MUHAMMAD AMEEN KHOKAR VS MUHAMMAD ASIF AWAN S. 13---Personal/bona fide need of landlord---Proof---Primary/ essential requirement of law for eviction of tenant was bona fide need by landlord, which stood discharged the moment he would appear in witness box and make such statement on oath, or in the form of an affidavit in evidence if it remained un-shattered in cross-examination and un-rebut
2022 PLD 89 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2022
NOOR AHMED VS Syed MUHAMMAD RAHEEM Arts. 70, 72, 75, 117, 118, 125 & 126---Suit for declaration, cancellation of instruments and permanent injunction filed by petitioners---Respondents/defendants filed written statement, produced evidence and documents---Suit was concurrently dismissed---Petitioners contended that respondents had failed to establish their right as their eviction application
2022 YLR 990 PESHAWAR-HIGH-COURT
KPK · 2022
KALEEM ULLAH KHAN VS NASIB UR RAHMAN alias NASIB ULLAH S.13---eviction petition---Relationship of landlord and tenant---Scope---Petitioner (landlord) assailed the concurrent dismissal of their ejectment petitions---Validity---Factum of existence of relationship of landlord and tenant was not proved, onus of which was on the petitioners---Neither the petitioners had rented out the disputed p
2022 CLC 1193 PESHAWAR-HIGH-COURT
KPK · 2022
MUHAMMAD RIZWAN VS Syed TAHIR ABBAS SHAH S.13---Specific Relief Act (I of 1877), S.12---Qanun-e-Shahadat (10 of 1984), Art.115---eviction of tenant---Estoppel of tenant in possession---Deposit of rent in Court---Suit for specific performance, pendency of---Effect---Petitioner (tenant) assailed order passed by Rent Controller whereby respondent's (landlord's) application for direction to the
2022 PLD 559 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
ALI IKRAM VS Mian MUHAMMAD IKRAM Ss. 4, 6 & 7---Parents' right to evict children---Trial---Appeal---Scope---Under subsection (2) of S. 4, if a child had failed to vacate the house a written complaint can always be filed before the Deputy Commissioner by such parent and upon receipt of such complaint, the Deputy Commissioner after his satisfaction and hearing the parties to the effect that o
2022 PLD 559 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
ALI IKRAM VS Mian MUHAMMAD IKRAM S. 3---Punishment for eviction of parents---Scope---Eviction of parents by child from a house, owned or rented by child, or in his possession by any other means, has been described as an offence, which may attract rigorous imprisonment for a term up to one year or with fine or with both.
2022 PLD 559 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
ALI IKRAM VS Mian MUHAMMAD IKRAM S. 4---Parents' right to evict children---Scope---Parent may evict a child, his spouse or offspring, from a house owned or rented by such parent---If a child, his spouse or offspring, had failed to vacate the house after seven days of service of written notice of eviction by the parent, he may be punished with simple imprisonment for a term which may extend
2022 YLR 675 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
AQEELA ABID VS Ch. BASHIR AHMAD Ss. 10 & 15---Ejectment petition---Landlord and tenant, relationship of---Relationship, denial on basis of agreement to sell with third person---Alleged purchaser filed application under O.I, R.10, C.P.C. which was dismissed---Trial Court decreed the petition---Appeal of the respondent was allowed---Validity---No document was available to show that tenant was
2022 YLR 93 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
MUHAMMAD ISMAIL NADEEM VS ADDITIONAL DISTRICT JUDGE, JHANG S. 19--- eviction of tenant---Relationship of landlord and tenant---Scope---Two agreements to sell were produced by the tenant/respondent; only one agreement was admitted by the landlord/petitioner---Ejectment petition was concurrently dismissed declaring that through admitted agreement parties had agreed to terminate their previous
2022 PCrLJ 1828 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
SANA ULLAH KHAN VS State S. 8-A---Criminal Procedure Code (V of 1898), S. 439---Appeal---High Court's powers of revision---Scope---Legislature has not provided right of appeal against all orders passed under the provisions of the Illegal Dispossession Act, 2005---For reference, here are the orders which can be passed during proceedings under the Act on a complaint, but no appeal is provided
2022 CLC 1703 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
SARDARAN BIBI VS MUHAMMAD ARSHAD S.8---Civil Procedure Code (V of 1908), Order II, R.2 & O.XXIII, R.1---Punjab Land Revenue Act (XVII of 1967), Ss.42 & 52---In prior suit for declaration and permanent injunction, petitioner alleged that she was owner in possession of the suit property---Respondents contested on the ground that they were in possession of the same as their predecessor-in-inte
2022 CLC 1442 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
MUHAMMAD SIDDIQUE VS NASIR IQBAL S.17(4)(b)---Ejectment application---Commercial building---Personal need of the landlord's son---Rent Controller dismissed the ejectment application of the landlord/appellant on the ground that he was seeking eviction of shop (demised property) for his son and not for his own use---Held, that in case of residential building, the landlord could move the eject
2022 MLD 2051 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE-I, RAJANPUR Ss.2(m) & 19---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Co-sharer of premises---Tenancy agreement---Proof---Parties were brother and sister inter se and shop in question was their inherited property---Respondent claimed to be owner of shop in question on the basis of private family settlement an
2022 MLD 1720 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
MUHAMMAD LIAQAT ALI VS MAJID ALI Ss.2(b) & 22---Ejectment---Default in payment of rent and utility bills, misuse of property, violation of the terms/conditions of tenancy agreement and expiry of tenancy---Application for leave to contest was rejected and ejectment was ordered subject to return of security amount---Separate order regarding recovery of arrears of rent/utility bills issued on
2022 MLD 1720 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
MUHAMMAD LIAQAT ALI VS MAJID ALI S.22---Ejectment---Rent Tribunal, power/discretion of---Scope---When the application for leave to contest was rejected, the Rent Tribunal was bound to pass a final order---Such order would not absolve the Tribunal of its duty to satisfy itself about the veracity of the case of the landlord and after applying its judicious mind it would pass the final order a
2022 MLD 54 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
MAQBOOL AHMAD VS MANZOOR HUSSAIN S.15---eviction of tenant---Rent Petition---Description of demised-property in rent petition---Scope---Wisdom behind the requirement to mention in detail the description of demised-property in rent petition was to ascertain the right of the tenant and landlord over the mentioned premises---Any portion which was part of the property, but not subject to rent d
2022 MLD 54 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
MAQBOOL AHMAD VS MANZOOR HUSSAIN S.28---Appeal, filing of---Limitation---Appeal filed by the eviction petitioner before the Appellate Court was barred by time for three days---Held, that the petitioner had failed to explain the delay as required by the law, as such the same was rightly dismissed by the Appellate Court---Constitutional petition was dismissed, in circumstances.
2022 CLC 835 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
SHIFA HEALTH CARE (PVT.) LTD. VS SPECIAL JUDGE (RENT) LAHORE S.19---eviction---Fresh lease agreement---Execution proceedings---Report of bailiff, credibility of---Respondents filed ejectment application contending that premises was rented out for 10 years; that petitioner committed default in payment of monthly rent and did not pay withholding tax and violated terms and conditions of lease
2022 CLC 247 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
PAN ISLAMIC INDUSTRIES (PVT.) LTD VS ADDITIONAL DISTRICT JUDGE S.19---Ejectment petition---Maintainability---Matter of indoor management---Scope---Ejectment petition filed by Trust/Landlord (landlords) through its Secretary---Tenant/company objected that the copy of the Resolution submitted by the respondent/Trust, entitling eviction petitioner to plead eviction, did not bear the date of is
2022 CLC 247 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
PAN ISLAMIC INDUSTRIES (PVT.) LTD VS ADDITIONAL DISTRICT JUDGE Ss.15 & 19---eviction of tenant---Expiry of lease---Ejectment petition filed by Trust/landlord through its Secretary---Company---Petitioner/tenant contended that ejectment petition was not maintainable for not having been filed by the Author of the Trust, Managing Trust or the Trustees---Held, that ejectment petition was filed b
2022 CLC 247 LAHORE-HIGH-COURT-LAHORE
Punjab · 2022
PAN ISLAMIC INDUSTRIES (PVT.) LTD VS ADDITIONAL DISTRICT JUDGE Ss.15 & 19---eviction of tenant---Expiry of lease---Scope---Verbal extension of tenancy for unlimited period was asserted by the tenant---Held, that under S.15 of the Punjab Rented Premises Act, 2009 , the expiry of lease of agreement was in itself a ground for eviction of tenant---Plea of the petitioner/tenant of verbal extensi
2022 YLR 2396 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
MUHAMMAD ALI & COMPANY (Deceased) VS ALI AKBAR S. 15---Civil Procedure Code (V of 1908), S. 12(2)---eviction application---Application against dead person---Non-disclosure of death by legal heirs of tenant--- Effect--- Scope--- Petitioners assailed the dismissal of their application under S. 12(2), C.P.C.---Claim of petitioners was that the respondent/ landlord had obtained decree from the
2022 YLR 2255 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
ADAMJEE IMPEX through Hamza Anwar Lakhani VS Shaikh MUHAMMAD KHALID S. 16---Default in payment of rent---Petitioner/tenant was depositing the rent in favour of predecessor of respondent/ landlord in another case, which was pending in the Court of Rent Controller---Respondent/landlord served notice and subsequently filed application for eviction of petitioner/tenant on ground of default---Re
2022 YLR 2243 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
NASEER UDDIN JATOI VS Miss REHAM ASAD S. 15---eviction petition---Bona fide personal need---Scope---If the statement made on oath by the landlord is consistent with the averments made by him in his ejectment application and neither is his statement shaken nor is anything brought in evidence to contradict his statement, it would be sufficient for the grant of his ejectment application; all t
2022 YLR 2243 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
NASEER UDDIN JATOI VS Miss REHAM ASAD S. 15---eviction petition---Non-appearance of landlord in witness box---Appearance of landlord through attorney---Scope---Evidence produced by landlord through his attorney is admissible and is not liable to be rejected or discarded.
2022 YLR 2243 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
NASEER UDDIN JATOI VS Miss REHAM ASAD S. 15---eviction petition---Bona fide personal need---Scope---Tenant assailed order passed by Rent Controller whereby he was directed to handover the vacant possession of the demised premises---Validity---eviction application of the landlady showed that she had specifically pleaded that the demised premises was required for her personal use as well as f
2022 YLR 2180 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
Syed MUHAMMAD VS NOORULLAH Ss. 15 & 18---eviction petition---Change in ownership--- Scope---Respondent / landlord filed eviction applications in respect of five tenements in use of petitioner/tenant on the ground of default after service of notice under S.18---Rent Controller and Appellate Court concurrently ordered eviction of tenant---Tenant denied the relationship of landlord and tenant-
2022 YLR 2180 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
Syed MUHAMMAD VS NOORULLAH Ss. 18 & 15---eviction application---Change in ownership---Scope---Even if for any reason a notice under S. 18 of Sindh Rented Premises Ordinance, 1979 is not served, then service of notice of the ejectment application itself is sufficient to apprise him about the fact of change of ownership.
2022 YLR 2180 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
Syed MUHAMMAD VS NOORULLAH Ss. 15 & 2(f)---eviction application---"Landlord"---Scope---Proceedings under S. 15 of Sindh Rented Premises Ordinance, 1979, at least to the extent of grounds other than personal requirement can be maintained by a "landlord" who may not be the owner, in terms of S. 2(f)---Section 2(f) of Sindh Rented Premises Ordinance, 1979 provides that landlord means owner of
2022 YLR 913 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
Malik FARAZ AHMED VS Agha KHURSHEED AHMED S. 15---Ejectment of tenant---Bona fide personal need of landlord---Concurrent findings of facts by two Courts below---Petitioners/tenants were aggrieved of eviction order passed by two Courts below against them---Validity---Petitioners/tenants in their statements admitted that respondent/landlord after coming from abroad sought subject premises for
2022 CLC 1945 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
Syed NAJAF ALI SHAH VS MUHAMMAD IQBAL S.13---eviction petition initiated against a dead person---Objection regarding maintainability of such petition---Respondent/landlord filed an eviction application against the deceased/tenant for his eviction from the shop on grounds of personal need and default in payment of rent---Rent Controller accepted the eviction application against the legal hei
2022 CLC 1936 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
Haji UMAR VS MUHAMMAD FAROOQ MOTAN Ss.2(h), 2(g), 10(1) & (3)---eviction petition---Demised premises---Personal need of landlord---Default in payment of monthly rent----Burden to prove---Rent petition was filed by petitioner against respondent for eviction from a godown---Respondent admitted that he was a tenant of the petitioner, but denied all the averments made by the petitioner---Rent p
2022 CLC 1936 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
Haji UMAR VS MUHAMMAD FAROOQ MOTAN Ss.10(1) & 10(3)---eviction petition---Payment of the monthly rent----Procedure---Burden to prove---Tenant was not entitled in law to deposit the rent with the Rent Controller without first offering/tendering the same directly to the landlord but only when, upon such offer/tender, the landlord had refused or avoided to accept the rent from tenant---Burden
2022 CLC 1936 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
Haji UMAR VS MUHAMMAD FAROOQ MOTAN Ss.10(1) & 10(3)---eviction petition---Personal need of landlord---Scope and proof---If the statement made on oath by landlord was consistent with the averments made by him in his eviction application and neither was his statement shaken nor anything was brought in evidence to contradict his statement, it would be sufficient for the grant of his eviction p
2022 CLC 1936 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
Haji UMAR VS MUHAMMAD FAROOQ MOTAN S.10(3)---eviction petition---Default in payment of rent----Refusal by landlord to accept rent---Burden to prove on tenant---Correct name of landlord not mentioned on money order---Petitioner (landlord) alleged that the rent for the period from January to December 2016 was deposited in Court by respondent (tenant) without first tendering the same directly
2022 MLD 1754 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
HABIB CARPETS (PVT.) LIMITED VS KARACHI PROPERTIES INVESTMENT COMPANY (PVT.) LIMITED (KPICPL) S.15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Facts not pleaded---Concurrent findings of facts by two Courts below---Misreading and non-reading of evidence---Petitioner / tenant was aggrieved of eviction order passed by two Courts below---Rent Controller
2022 CLC 1787 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
MUHAMMAD YOUNUS VS MANSOOR ALI (DECEASED) S.15---eviction petition---Bona fide personal need---Scope---If the statement made on oath by the landlord is consistent with the averments made by him in his ejectment application and neither is his statement shaken nor is anything brought in evidence to contradict his statement, it will be sufficient for the grant of his ejectment application; all
2022 CLC 1787 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
MUHAMMAD YOUNUS VS MANSOOR ALI (DECEASED) S.15---eviction petition---Bona fide personal need---Scope---Tenants assailed orders passed by courts below whereby they were directed to vacate the demised premises---Validity---Landlord had claimed that the demised premises was required for establishment of his son's business, who was dependent on him---Tenants had failed to dislodge the claim of
2022 CLC 1787 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
MUHAMMAD YOUNUS VS MANSOOR ALI (DECEASED) Ss. 15 & 10---eviction petition---Default in payment of rent---Scope---Tenants assailed orders passed by courts below whereby they were directed to vacate the demised premises---Validity---Statements of account in respect of the amounts deposited by tenant revealed that except for a few deposits all other deposits were made by her after the tenth da
2022 CLC 1787 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
MUHAMMAD YOUNUS VS MANSOOR ALI (DECEASED) S.15---eviction petition---Sub-letting---Scope---Tenants assailed orders passed by courts below whereby they were directed to vacate the demised premises---Validity---Landlord had claimed that the tenants had made illegal alterations; they had created a new portion and the said portion was sub-let---After passing of the impugned order by the Trial C
2022 CLC 1146 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
SHAKILA APPA (LATE) VS NADEEM GHANI Ss.10 & 15---Accumulated rent---Ground for eviction---Admission of the payment by landlord---Scope---Acceptance by the landlord that accumulated rent had been paid by the tenant periodically/with intervals would not mean that he did not desire/expect rent to be paid within time by the tenant as required by law or that he had waived his right to claim rent
2022 CLC 1146 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
SHAKILA APPA (LATE) VS NADEEM GHANI Ss.10 & 15---Deliberate/willful default in payment of the monthly rent---eviction application was concurrently allowed---Petitioner/tenant (through her son/legal heir) contended that the eviction application filed by respondent was not maintainable as the demised premises (two flats) were rented out to the petitioner on pagri; both the flats were separate
2022 CLC 970 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
MOHSIN GHAYUR HAIDER VS IIND SENIOR CIVIL JUDGE/RC S.15---Constitution of Pakistan, Art.199---Constitutional petition---eviction petition---Execution of orders---Scope---Petitioner assailed order passed by Executing Court whereby judgment debtor was directed to vacate the rented premises---Validity---Petitioner's alleged claim, right or interest in respect of the demised premises, had admit
2022 CLC 653 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
TAYABA JAMA MASJID TRUST SAUDABAD, KARACHI VS Mst. AQEELA Begum Ss.15 & 16---eviction petition---Arrears of rent---Defence, striking off---Scope---Petitioner filed ejectment application under S. 15 of the Sindh Rented Premises Ordinance, 1979---Rent Controller struck off defence of the respondent under S. 16(2) and allowed the ejectment application on the ground of non-compliance of order p
2022 CLC 653 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
TAYABA JAMA MASJID TRUST SAUDABAD, KARACHI VS Mst. AQEELA Begum S.16---Arrears of rent---Scope---Landlord in every case of eviction filed by him/her can make an application in terms of S. 16(1) irrespective of the grounds taken in the case---Likewise there is no legal embargo on passing an order either for depositing arrears of rent or monthly future rent---If there are no arrears due again
2022 CLC 386 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
Syed WAJID ALI RIZVI VS X-RENT CONTROLLER, KARACHI EAST Ss.5, 14 & 19---Qanun-e-Shahadat (10 of 1984), Art. 113---eviction petition---Personal need and default in payment of monthly rent---Petitioner, instead of filing written statement, submitted a letter claiming that demised premises were not owned by respondent; and that respondent's previous (rent) case was dismissed concurrently---Ren
2022 YLRN 75 KARACHI-HIGH-COURT-SINDH
Sindh · 2022
NOORANI TRAVELS VS MUHAMMAD HANIF S.3---Prevention of illegal dispossession from property---Complainant dispossessed by bailiff, pursuant to a writ of eviction--- Scope--- Complainant alleged that the accused persons pursuant to a writ of eviction issued by Rent Controller for the shops illegally dispossessed it from another shop which was not subject matter of the said proceedings---Trial
2022 YLR 1972 ISLAMABAD
ICT · 2022
MUHAMMAD IQBAL QURESHI VS RENT CONTROLLER, ISLAMABAD-WEST S. 17---eviction of tenant---Expiry of lease agreement---Scope---Respondent filed ejectment petition under S. 17 of the Islamabad Rent Restriction Ordinance, 2001 seeking eviction of petitioner on the ground of rent default, personal bona fide need and breach of lease agreement---Petitioner was proceeded against ex parte and he was d
2022 MLD 709 ISLAMABAD
ICT · 2022
Syed IKRAM MUSTAFA VS Mian WALI MUHAMMAD S.7---eviction of tenant---Arrears of rent and mesne profit---Appellant obtained portion of house from the owner vide lease agreement---After death of the owner, respondent (legal heir/brother of owner) filed eviction application against the appellant and got the house vacated accordingly---Respondent then filed suit for recovery of arrears of rent a
2022 YLRN 51 ISLAMABAD
ICT · 2022
VANGUARD BOOKS (PVT.) LTD. VS LOK VIRSA Ss. 17 & 1(2)---National Institute of Folk and Traditional Heritage (Lok Virsa), Ordinance (LIV of 2002), S. 3---eviction of tenant---Exclusion of Government buildings from application of the Ordinance---Scope---Respondent filed an ejectment petition before the Rent Controller, which was dismissed being not maintainable due to bar contained in the not
2022 YLRN 4 ISLAMABAD
ICT · 2022
FAISAL MEHMOOD VS DISTRICT JUDGE, ISLAMABAD S. 23---Execution of orders---Scope---Phrase 'Civil Court' used in S. 23 of Islamabad Rent Restriction Ordinance, 2001, in itself is sufficient to demonstrate the intention of the Legislature, by showing that a Rent Controller while exercising powers of executing court regarding execution of an order of eviction shall exercise all powers vested in
2022 YLRN 4 ISLAMABAD
ICT · 2022
FAISAL MEHMOOD VS DISTRICT JUDGE, ISLAMABAD Ss. 17 & 23---Civil Procedure Code (V of 1908), O. XXI, R. 99---eviction petition--- Execution of orders---Restriction or obstruction by bona fide claimant---Scope---Petitioner assailed the acceptance of objection petition by the Rent Controller---Validity---Objector had acted in good faith and was possessor of the premises much before passing of
2022 YLR 1669 HIGH-COURT-AZAD-KASHMIR
2022
GHULAM RAZA LATIF VS MUHAMMAD ABBAS KHAN S. 14--- eviction of tenant---Tentative rent, determination of---Maintainability--- Scope--- Rent Controller while passing the impugned order for fixation of tentative rent had not committed any illegality or perversity because sub-section (8) of S. 14 of the Azad Jammu and Kashmir Rent Restriction Act, 1986, had empowered the Rent Controller to dete
2021 PLD 196 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2021
SAMIULLAH VS BAZ MUHAMMAD S. 12(2)---"Final order"---Application under S.12(2), C.P.C.---Appeal of respondent against eviction order of Trial Court in favour of respondent (alleged owner of shop) was dismissed by High Court---Separate suit of the present applicant for declaration and permanent injunction against respondents was decreed in favour of applicant/ plaintiff---Held, that applican
2021 MLD 1180 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2021
NASEER AHMED VS GHAFOOR KHAN S.13---eviction of tenant---Payment of "pagri"---Scope---Plea of payment of "pagri" does not disentitle the landlord from filing ejectment proceedings against the tenant on the ground of personal bona fide need.
2021 MLD 1180 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2021
NASEER AHMED VS GHAFOOR KHAN S.13---eviction of tenant---Payment of "pagri"---Personal bona fide need---Scope---Tenant appealed against the acceptance of eviction application---Contention of tenant was that landlord had not approached him for collection of rent and that he (tenant) had paid certain amount of sum as pagri---Validity---Tenant had not denied the existence of relationship of la
2021 MLD 798 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2021
ZAHID VS Mst. SADIA S.13---eviction of tenant---Personal bona fide need of landlady---Land lady/respondent contended that she needed five shops ( demised property ) in order to convert the same into rooms for residential purpose to be included into the adjacent house belonging to her---Held, that respondent/landlady had adduced cogent and worthy of credence evidence to substantiate her vers
2021 MLD 798 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2021
ZAHID VS Mst. SADIA S.13---Constitution of Pakistan, Arts. 23 & 24---Right of property---Scope---eviction application---Bona fide personal need of the landlady---Utilization of property by landlady---Sufficiency------Right of property, being a fundamental right, was protected under Arts. 23 & 24 of the Constitution---Right of ownership, admittedly, was superior to the right of tenancy---App
2021 MLD 798 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2021
ZAHID VS Mst. SADIA Ss.11 & 13---eviction of tenant---Personal bona fide need of landlady---Conversion of the demised property---Scope---Land lady/respondent contended that she needed five shops (demised property) in order to convert the same into rooms for residential purpose to be included into the adjacent house belonging to her ---Contention/objection of the appellants (tenants) was tha
2021 MLD 542 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2021
ALI HASSAN VS Mst. SUMAIRA KHALID Ss.13 & 14---Constitution of Pakistan, Arts.23 & 24---Civil Procedure Code (V of 1908), S.2(2)---Contract Act (IX of 1872), S.42---Ejectment of tenant---Bona fide personal need of landlord---Earlier ejectment petition having been dismissed as withdrawn---Death of a party during pendency of proceedings---Effect---Word 'party' contained in S.2(2) of C.P.C.---
2021 CLC 708 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2021
Syed HABIBULLAH VS Syed ABDUL KHABEER S. 13---eviction petition---Good faith---Scope---Term 'good faith' is prime and essential ingredient of ejectment of the tenant---Mala fide intention of landlord for ejectment on the ground of personal need can only be ascertained if it is proved that landlord in fact is not 'needy' rather is 'greedy' and he only desires to enhance the rent according to
2021 CLC 708 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2021
Syed HABIBULLAH VS Syed ABDUL KHABEER S.13---eviction petition---Bona fide personal need of landlord---Scope---Landlord has a superior right of possession and use of his property as against the tenant, but it has equally been settled that the tenant may not be deprived of his legal business and may not be shunted out from the said premises on mere assertion of the landlord.
2021 CLC 708 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2021
Syed HABIBULLAH VS Syed ABDUL KHABEER S.13---eviction petition---Bona fide personal need of landlord---Scope---Tenant challenged order passed by Rent Controller whereby he was directed to hand over vacant possession of the demised premises---Validity---Burden to prove that need of landlord was bona fide rather than mala fide was on the landlord---Landlord had tried to eject 22 tenants simul
2021 CLC 708 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2021
Syed HABIBULLAH VS Syed ABDUL KHABEER S.13---eviction petition---Scope---Tenant cannot be evicted on mere wish, convenience, whim and fancy of the landlord.
2021 YLR 2432 PESHAWAR-HIGH-COURT
KPK · 2021
Mst. MARIA AZIZ VS MUHAMMAD NAWAZ S. 114 & O.XLVII, R.1---Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959), S. 13(2)(vi)---Review---Scope---eviction of tenant---Personal bona fide need---Reconstruction of demised property---Land lady failed to produce certificate of sanction of reconstruction even at the proceedings before the High Court; her eviction petition was rejected b
2021 YLR 1474 PESHAWAR-HIGH-COURT
KPK · 2021
GHULAM RASOOL VS TARIQ MAHMOOD S. 13---Civil Procedure Code (V of 1908), S. 12(2)---eviction of tenant---Bar to further suits---Failure to pay rent---Scope---Respondent's application for eviction of tenant was allowed and during the execution proceedings, petitioner stepped in the court with an application under S.12(2), C.P.C. claiming to be tenant of the demised premises since 1940 as bef
2021 MLD 1410 PESHAWAR-HIGH-COURT
KPK · 2021
MUSHTAQ AHMAD VS FAYAZ S.13---eviction of tenant---Relationship of landlord and tenant---Scope---Petitioner/landlord assailed the concurrent dismissal of his ejectment petition---Validity---Landlord had not mentioned in his petition as to when the possession of disputed house was handed over to the respondent as a tenant---Landlord had admitted in his cross-examination that no tenancy agree
2021 MLD 1410 PESHAWAR-HIGH-COURT
KPK · 2021
MUSHTAQ AHMAD VS FAYAZ S.13---eviction of tenant---Relationship of landlord and tenant---Scope---When issue regarding the existence of relationship of tenant and landlord is framed, the landlord is required to prove the same and in case of failure, his application is to be turned down.
2021 MLD 1410 PESHAWAR-HIGH-COURT
KPK · 2021
MUSHTAQ AHMAD VS FAYAZ S.13---eviction of tenant---Relationship of landlord and tenant---Scope---Payment of rent is a sine qua non for the relationship of landlord and tenant.
2021 CLC 1093 PESHAWAR-HIGH-COURT
KPK · 2021
Mian MUHAMMAD FAREED VS KHALID WADOOD Ss.13(6) & 17---Civil Procedure Code (V of 1908), S.47---Execution proceedings---Rent due, recovery of---Final rent due, non-determination of---After striking of defence of respondent-tenant, possession of demised premises was handed over to petitioner-landlord but no final determination of "rent due" was made by Rent Controller---Landlord filed executi
2021 CLC 699 PESHAWAR-HIGH-COURT
KPK · 2021
SHAMSHER KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.25(2)(c) & Preamble---West Pakistan Waqf Properties (Administration) Rules, 1960, R. 7---Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959), Ss. 3, 4 & Preamble---Constitution of Pakistan, Arts. 4 & 25---Terms and conditions on which waqf property may be leased or let out---Exemption from determination of fair rent---Scope---
2021 CLC 678 PESHAWAR-HIGH-COURT
KPK · 2021
MUHAMMAD ALI VS ATLAS KHAN S.13(6)---eviction of tenant---Default in payment of monthly rent---Non-compliance of order by the tenant to pay tentative monthly rent---Effect---Outstanding rent---Jurisdiction of the Rent Controller---Scope---Petitioner/tenant contended that Rent Controller had no jurisdiction to adjudicate the recovery of outstanding rent against him and the landlord/responden
2021 CLC 678 PESHAWAR-HIGH-COURT
KPK · 2021
MUHAMMAD ALI VS ATLAS KHAN S.13---eviction of tenant---Subsequent construction/improvement on the demised property after the creation of the tenancy---Jurisdiction of the Rent Controller---Scope---Petitioner/tenant contended that as he was running a factory at the demised property so the Rent Controller had no jurisdiction to entertain eviction application filed by the landlord/respondent--
2021 YLR 1973 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
Ch. ABDUL WAHEED VS ZAHIDA PARVEEN alias NAGINA S. 15--- eviction petition---Relationship of landlord and tenant---Scope---Where the denial of relationship of landlord and tenant is specifically agitated the question before Rent Tribunal is only to see the status of the parties---Obligatory upon a person claiming himself to be landlord of the premises to establish the evidence that the othe
2021 YLR 1973 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
Ch. ABDUL WAHEED VS ZAHIDA PARVEEN alias NAGINA S. 15--- eviction petition---Relationship of landlord and tenant---Scope---Receiving of rent and payment of rent are sine qua non for establishing the relationship of tenancy between the parties and in a case where the relationship itself is under question then, it becomes further necessary and imperative to prove the existence of relationship
2021 YLR 1973 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
Ch. ABDUL WAHEED VS ZAHIDA PARVEEN alias NAGINA S. 15--- eviction petition---Relationship of landlord and tenant---Scope---Petitioners landlord (petitioner) assailed the dismissal of their petition for ejectment of tenant---Validity---Petitioners had admitted that they had filed the ejectment petition on the basis of oral agreement for which there was no knowledge to the petitioners that wh
2021 YLR 1603 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
Mian ABID AZIZ VS AFTAB QADRI Ss.17(8)& 17(9)---eviction of tenant---Default in payment of monthly rent---Non-compliance of order of the Court made under S.17(8) of the Cantonments Rent Restriction Act, 1963 (the Act 1963) to deposit arrears as well as future monthly rent---Rent Controller struck off the right of defence on the application of landlord under S.17(9) of the Act 1963 and passe
2021 YLR 1603 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
Mian ABID AZIZ VS AFTAB QADRI Ss. 17(8) & 17(9)---Punjab Urban Rent Restriction Ordinance (VI of 1959), S. 13(6)---eviction of tenant---Payment of monthly rent---Due date---Scope---"Rent due" and "subsequently become due "---Scope---Non-compliance of order of the Court to deposit arrears as well as future monthly rent---Rent Controller struck off the right of defence of the tenant and passe
2021 CLC 1405 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
MOHAMMAD AKRAM BHATTI VS ADDITIONAL DISTRICT JUDGE, ATTOCK S.19---eviction petition---Co-owner---Scope---Co-owner seeking eviction---Oral tenancy, expiry of---Scope---Petitioner assailed the concurrent dismissal of his ejectment petition---Validity---Special Judge (Rent), after observing that the petitioner was a co-owner had fallen in error in assuming that he could not maintain an evictio
2021 MLD 2046 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
Mst. HAMEEDA BIBI VS KHAN MUHAMMAD alias KHAN AHMAD S.8---Suit for possession ---Suit was filed without seeking declaration qua entitlement in the suit-property---Maintainability---Record revealed that the claim of tenancy of (part of) property-in-question of predecessor-in-interest of the petitioners/plaintiffs was dismissed about forty years ago for want of proving the relationship of lan
2021 MLD 1613 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
NISHAN AHMAD alias ZEESHAN VS CIVIL JUDGE Ss.15 & 19---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Relationship of landlord and tenant---Proof---Petitioner/tenant denied relationship of landlord and tenant on the plea that his suit for specific performance of agreement to sell was pending decision---Validity---Proceedings in suit for specific performa
2021 MLD 808 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
Mst. SHAHNAZ BIBI VS SIRAJ DIN Ss.15 & 19---Ejectment of tenant---Mortgage deed (Girvee)---Petitioner was tenant in the premises owned by respondent---eviction order passed by Trial Court was maintained by Lower Appellate Court---Validity---Neither petitioner/tenant filed any suit for redemption nor respondent/landlord filed suit for recovery of amount on the basis of usufruct mortgage--- F
2021 CLC 952 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
NAVEED AKHTAR VS SPECIAL JUDGE (RENT), SIALKOT S.19---Ejectment of tenant--- Co-sharer, non-impleading of---Effect---eviction application filed by landlord/respondent against tenant/petitioner was allowed by Rent Tribunal---Lower Appellate Court maintained eviction order passed by Rent Tribunal---Tenant/petitioner assailed maintainability of eviction application on the plea that premises fe
2021 CLC 782 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
Malik KHALIL AHMAD VS PCBL Ss.7, 11 & 16 ---Powers of a Cooperatives Board ---Application to Cooperatives Judge---Recovery of arrears of land lease / rent---Scope--- Question before High Court was whether Cooperatives Judge, under Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 had jurisdiction to adjudicate upon a suit for recovery of arrears of land lease / rent money---H
2021 CLC 623 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
Mrs. AZRA RIAZ VS ADDITIONAL DISTRICT JUDGE S.19---eviction petition---Scope---Petitioner sought eviction of tenant and sub-tenant on the ground of default in payment of rent---Ejectment petition was contested by sub-tenant by filing an application for leave to contest wherein he asserted that he was occupant of the premises as tenant but not for the petitioner rather of another person (all
2021 PLD 90 LAHORE-HIGH-COURT-LAHORE
Punjab · 2021
NOOR-UN-NISA VS UNITED BANK LIMITED Ss. 15, 19 & 22---eviction petition---Leave to contest---Concurrent findings---Scope---Petitioners assailed the rejection of their application for leave to defend the ejectment petition; the order of acceptance of ejectment petition and the judgment of appellate court dismissing the appeal---Contention of petitioners was that the property was allotted to
2021 YLR 2278 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
MUHAMMAD TOBRIA VS The BOARD OF TRUSTEE Ss. 42 & 54---Civil Procedure Code (V of 1908), O. VII, R. 11---Karachi Port Trust Act (VI of 1886), S. 87---Transfer of Property Act (IV of 1882), Ss. 105 & 107---Easements Act (V of 1882), Ss. 52 & 54---Suit for declaration and permanent injunction---Limitation of suits---Rejection of plaint---Lease---Licence---Leases how made---Grant of licence may
2021 YLR 1608 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
MOHAMMAD FAHIM VS MOHAMMAD FAIZ S. 13---eviction petition---Relationship of landlord and tenant---Failure to prove payment of rent---Scope---Landlord assailed the ultimate dismissal of his eviction petition by the Appellate Court---Validity---Landlord had claimed ownership of property on the basis of an unregistered lease deed which was required to be registered being a compulsorily registr
2021 YLR 1060 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
SHAHID WAHAB SIDDIQI VS Syed FARHAJ AHMED S. 7---eviction and mode of recovery as an interim relief---Scope---Appellant although not accused but was found to be in possession of the suit property at the time of execution of orders on an application under S.7 of Illegal Dispossession Act, 2005, contended that he was not guilty of the offence of illegal dispossession; that it was mandatory fo
2021 YLR 740 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
BOARD OF INTERMEDIATE, EDUCATION, KARACHI VS HAFEEZ-UL-HAQ S. 15---Ejectment of tenant---High Court, jurisdiction of---Bona fide personal need of landlord---Choice of landlord---Board of Intermediate Education sought eviction of its tenant on bona fide personal need of demise shop---Rent Controller and Lower Appellate Court concurrently dismissed ejectment application and appeal filed by th
2021 CLC 1780 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
AQSA JAWED VS MUHAMMAD HASSAN S.15---eviction petition---Scope---Landlord may not be essentially an owner of the property and ownership may not always be a determining factor to establish the relationship of landlord and tenant between the parties, however, in normal circumstances, in the absence of any evidence to the contrary, the owner of the property by virtue of his title is presumed t
2021 CLC 1780 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
AQSA JAWED VS MUHAMMAD HASSAN S.15---eviction petition---Denial of relationship of landlord and tenant---Pendency of civil suit---Landlord, an ostensible owner---Scope---Petitioner/landlady assailed the concurrent dismissal of her ejectment petition---Main arguments advanced by the tenant were denial of relationship of landlady and tenant between the parties and pendency of suit for declara
2021 MLD 1905 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
HABIB BANK LIMITED VS MST. NEELOFAR ANWAR Ss.13, 16 & 18---eviction petition---Arrears of rent---Change in ownership---Defiance in payment of arrears---Scope---Respondents/new landlords initiated eviction proceedings by filing rent case along with an application under S.16(1) of Sindh Rented Premises Ordinance, 1979---Tentative rent order passed by Rent Controller was not complied with by t
2021 MLD 1398 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
MUHAMMAD ASIF VS NASEEM BEGUM S.13---Specific Relief Act (I of 1877), S. 12---eviction petition---Pendency of suit for specific performance of agreement to sell---Effect---Petitioner/tenant assailed order passed by the courts below whereby he was directed to vacate the rented premises---Contention of petitioner was that he had purchased the property through sale agreement and handsome amoun
2021 MLD 1298 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
MUHAMMAD NAVEED VS VIIIth ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH S.13---eviction petition---Default in payment of rent---Burden of proof---Scope---Burden of establishing the timely payment of rent is upon the tenant which, if he fails, has to face consequences.
2021 MLD 1298 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
MUHAMMAD NAVEED VS VIIIth ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH S.13---eviction petition---Default in payment of rent---Scope---Held, it shall always be the duty of the tenant to pay or at least tender the rent to the landlord and he cannot be allowed to plead that the landlord did not make any effort to collect the rent---Mere fact that a tenant has made it a habit not to pay the rent u
2021 MLD 1298 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
MUHAMMAD NAVEED VS VIIIth ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH S.13---eviction petition---Default in payment of rent---Scope---Where there is no denial to existence of relationship of landlord and tenant between the parties, the claim is to be accepted once landlord states on oath and same goes un-shattered in cross-examination.
2021 MLD 1298 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
MUHAMMAD NAVEED VS VIIIth ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH S.13---eviction petition---Default in payment of rent---Scope---Petitioners/tenants assailed acceptance of eviction petition of landlord by the courts below on the ground of default in payment of rent---Case of landlord was that the tenants had failed to pay the rent for the month of March and April 2004 while the tenants ha
2021 MLD 919 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
ABDUL HAMEED ASGHAR VS VTH ADDITIONAL DISTRICT JUDGE-EAST S.15---Constitution of Pakistan, Art.199---Civil Procedure Code (V of 1908), S.151---Trust Property---eviction application---Personal bona fide need of an individual and not the trust---Effect---Rented premises being the property of a Trust, application for eviction was moved not in the name of Trust, instead by an individual (respon
2021 CLC 1277 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
ABDUL MAJEED SOHAIL VS MUHAMMAD MAHBOOB-UZ-ZAMAN KHAN S.15---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Ex-parte order, setting aside of---Application under S.12(2), C.P.C.---Maintainability---Petitioner-tenant assailed ex-parte eviction order passed against him due to default in monthly rent and bona fide
2021 CLC 1193 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
Chaudhry MUHAMMAD YOUNUS VS MAQSOOD ALAM S.13---eviction petition---Scope---Petitioners assailed order passed by courts below whereby they were directed to hand over the possession of the shops to the management of the Mosque---Contention of petitioners was that they had got constructed the shops being part of the management of the Mosque and had later on dis-associated themselves from the
2021 CLC 1153 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
ABID IQBAL ANSARI VS Mirza NASEERUDDIN Ss. 17 & 27---eviction of tenant---Default in payment of monthly rent---Rent Controller, jurisdiction of---Enquiry by the Court---Scope---Additional Controller of Rents passed ejectment order without recording evidence---Appellant /tenant contended that leading of evidence was required to ascertain default on his part---Held, that the satisfaction of t
2021 CLC 1153 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
ABID IQBAL ANSARI VS Mirza NASEERUDDIN S.17---eviction of tenant---Default in payment of monthly rent---Technicalities in proceedings---Scope---Held, that appellant/tenant had not denied his failure in timely payment of the rent, hence it would not be fair to allow him to continue taking advantage of technicalities including proper service, particularly when he had no prima facie and reason
2021 CLC 1153 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
ABID IQBAL ANSARI VS Mirza NASEERUDDIN S.17---eviction of the tenant---Previous decree on the basis of compromise between the tenant and landlord---Effect---Previously, Civil Court passed a compromise decree, inter alia , enforcing the tenant to vacate the rented premises on the date given in the undertaking---Tenant failed to vacate the rented premises on stipulated time as per his underta
2021 CLC 976 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
RIASAT KHAN VS ARSHAD ALI BHUTTO Ss.13 & 18---eviction petition---Change in ownership---Scope---Petitioner claimed that he was landlord by virtue of sale deed of demised premises; that there was default on the part of tenant and that the premises was required for personal bona fide need---Courts below declined the ejectment application while holding non-existence of relationship of landlord
2021 CLC 732 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
MUHAMMAD RAMZAN VS NANOO Ss.2(f) & 16(1)--- Constitution of Pakistan, Art.199---Ejectment of tenant---"Landlord", determination of--- Documentary evidence to exclude oral evidence---Petitioner filed applications for eviction of tenants from demised premises---Respondent claimed to be owner of demised premises and contested the proceedings with petitioner--- Rent Controller accepted petition
2021 CLC 566 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
Mst. SURRIYA BIBI VS MUHAMMAD ALI QURESHI S.15---Civil Procedure Code (V of 1908), S.12(2)---eviction petition---Bar to further suit---Scope---Petitioner assailed the concurrent dismissal of her application filed under S.12(2), C.P.C.---eviction order passed by Rent Controller against the petitioner had attained finality long ago as her appeal was dismissed by the Appellate Court on the gro
2021 CLC 120 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
Mst. ZAHIDA HAROON VS MUHAMMAD ASHIQUE S.15---eviction petition---Personal bona fide need of landlord---Scope---Mere statement of the landlord on oath is sufficient to prove personal bona fide need.
2021 CLC 120 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
Mst. ZAHIDA HAROON VS MUHAMMAD ASHIQUE S.15---eviction petition---Relationship of landlord and tenant---Scope---Petitioner (landlady) assailed orders passed by courts below whereby it was held that the relationship of tenancy did not exist between the parties---Contention of tenant was that he was the tenant of petitioner's husband's elder brother who had earlier filed an ejectment petition
2021 PLD 237 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
MUHAMMAD AZAM KHAN VS Dr. IQBAL HAMEED S. 15---eviction of tenant---Personal bona fide need of landlord---Co-owner (landlord) in the rented premises, right of---Scope---Earlier proceedings, regarding demised shop, were initiated by the respondent's father who was dead, thereby making his legal heirs, including the respondent, as one of the co-owners/co-sharers---All said legal heirs had giv
2021 PLD 237 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
MUHAMMAD AZAM KHAN VS Dr. IQBAL HAMEED S. 15---Civil Procedure Code (V of 1908), S. 11---eviction of tenant---Res judicata, principle of---Scope---New cause of action---Personal bona fide need of landlord---Petitioner/tenant contended that as eviction applications earlier filed by respondent's parents were dismissed so respondent/landlord could not move the eviction application under the pr
2021 PLD 13 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
The PROVINCE OF SINDH VS The ISLAMIC EDUCATION TRUST through Official Assignee, Karachi Ss. 15 & 3---Privately Managed Schools and Colleges (Taking Over) Regulation [MLR No.118 of 1972], Regln. 4---eviction petition---Scope---Petitioner assailed several orders passed by Rent Controller and Additional District Judge---Validity---Held; ejectment application was filed in accordance with law an
2021 PCrLJN 38 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
ANANT KUMAR PARSHOTAM VS MEMBERS OF THE MANAGING COMMITTEE, SWAMI NARAYAN TEMPLE TRUST S. 3---Prevention of illegal possession of property---Scope---Respondents filed eviction petition regarding tenement adjoining (tenement) to that of appellant's, which was ultimately allowed but the tenant's attorney (the Attorney) while delivering possession of the tenement also delivered possession of t
2021 YLR 2092 ISLAMABAD
ICT · 2021
KHURSHEED AHMED VS RENT CONTROLLER, ISLAMABAD (WEST) Ss. 17 & 11---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---eviction of tenant---Personal bona fide need of landlord---Payment of premium/"Pagri" by the tenant to previous landlord--- Tenant moved application before the Rent Controller seeking grant of stay of eviction proceedings which application was dismissed---Petitioner/ten
2021 YLR 2092 ISLAMABAD
ICT · 2021
KHURSHEED AHMED VS RENT CONTROLLER, ISLAMABAD (WEST) Ss. 17 & 11---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Specific Relief Act ( I of 1877 ), Ss. 42, 39, 54 & 56---Suit for declaration, cancellation, permanent injunction and mandatory injunction filed by the tenant---eviction petition filed by the subsequent landlord on basis of personal bona fide need---Payment of premium/
2021 MLD 1864 ISLAMABAD
ICT · 2021
SAJJAD VS MUHAMMAD YOUNAS KHILJI S.17---Constitutional petition---eviction petition allowed by the Rent Controller---Petitioners were directed to handover vacant possession of the rented premises to respondent within a period of fifteen days---Petitioners filed appeal which was dismissed by the District Court---Petitioners denied their relationship as tenants and contended that the rented p
2021 CLC 1979 ISLAMABAD
ICT · 2021
SAEED UR REHMAN VS SECRETARY TO THE GOVERNMENT OF PAKISTAN, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD R.3(i)(e)---Constitution of Pakistan, Art.199---Constitutional petition---Violation of relevant laws and rules---Due process by proper forum---Validity---Petitioner admittedly violated Rule 3(i)(e) of Scheme for the Scheme for the Management and Disposal of Urban Evacu
2021 PLD 236 ISLAMABAD
ICT · 2021
Ms. SARA BIBI VS MUHAMMAD SALEEM Ss. 12 & 22---Suit for specific performance of agreement to sell---Pre-conditions---Words "readiness" and "willingness"---Connotation---Respondent-plaintiff sought specific performance of oral agreement to sell and appellant-defendant resisted the same on the plea that balance consideration amount was not paid within time specified in agreement therefore, th
2020 YLR 616 SUPREME-COURT-AZAD-KASHMIR
Supreme Court · 2020
Ch. FAKHAR-U-ZAMAN VS HASSAN ALI S. 14--- Ejectment petition---Enhancement of rent---Landlord, during pendency of eviction petition, moved application for enhancement of rent which was accepted and tenant was directed to deposit tentative rent---Validity---Relationship of landlord and tenant existed between the parties---Matter with regard to ejectment of tenant was subjudice before the Ren
2020 SCMR 1816 SUPREME-COURT
Supreme Court · 2020
LIAQAT ALI VS FAYASUDDIN Ss. 3 & 15---eviction petition---Landlord and tenant, relationship of---Subject premises, which was Evacuee Trust property, was allotted to the respondent, who inducted the petitioner as a tenant in the same---Subsequently Evacuee Trust Board cancelled the Permanent Transfer Deed (PTD) in favour of respondent and the issue went into litigation---Question as to wheth
2020 YLR 2498 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2020
MUHAMMAD HASHIM VS Syed KALIMULLAH Ss. 13 & 17---eviction petition---Execution petition---Objection petition---eviction petition was allowed against which an appeal was filed but same was dismissed---Execution petition was filed wherein tenant moved objection petition on the ground of limitation but same was dismissed---Validity---Mere filing of appeal or revision before higher forum did no
2020 YLR 2382 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2020
ABDUL ELLAH RAHMANI VS MUHAMMAD KHAN S. 13---Ejectment of tenant---Default in payment of rent---Sale agreement in favour of tenant---Effect---Denial of relationship of landlord and tenant by the tenant---Tenants contended that they had a sale agreement in their favour of demised premises---Ejectment petition was dismissed concurrently---Validity---Demised premises stood in the ownership of
2020 YLR 1764 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2020
FAYYAZ AHMED VS MUHAMMAD AZAM S. 13---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant---Oral tenancy--- Scope--- Tenants challenged the order of Rent Controller whereby they were directed to vacate the rented premises---Contention of tenants were that relationship of landlord and tenant did not exist between the parties and that the landlord
2020 CLC 1764 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2020
ABDUL AZIZ VS TOWN MUNICIPAL OFFICER HUB Ss.13 & 17---eviction petition---Consent order---Execution petition---Objection petition---Provisions of Civil Procedure Code, 1908 applicability of---Appeal was disposed of with the observation that monthly rent should be increased and deposited in the account of landlord and dispute with regard to previous rent should be resolved by the competent C
2020 CLC 1542 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2020
MUHAMMAD AKRAM VS MUHAMMAD KHALID Ss.13 & 14---Contract Act (IX of 1872), S.42---Civil Procedure Code (V of 1908), S.2(2)---Constitution of Pakistan, Arts. 23 & 24---Ejectment of tenant---Bona fide personal need of landlord---Earlier eviction petition dismissed as withdrawn---Death of landlord---Effect---Expression 'party' contained in S.2(2) of C.P.C.---Scope---Ejectment petition was accep
2020 CLC 717 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2020
JAWAHIR LAL VS MUHAMMAD ZAHID S.13---Ejectment petition---Personal bona fide need of landlord---Non-appearance of landlord as witness---Effect---Tenant filed appeal against the order of Rent Controller whereby the eviction petition filed by landlord was allowed---Case of landlord was that he wanted the possession of rented premises for extention in his business and alternation in its struct
2020 CLC 526 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2020
MUHAMMAD NADEEM VS ANJUMAN-E-NASIR-UL-AZA Ss. 13 & 14---Constitution of Pakistan, Arts. 23 & 24---eviction petition on behalf of attorney---Maintainability---Bona fide personal need of landlord Right of Property---Scope---Earlier ejectment petition having been dismissed for non-prosecution---Effect---Payment of Pagri---Effect---eviction petition filed on behalf of landlord was accepted---Co
2020 PLD 83 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2020
ERICK (ARICK) FEROZE VS PETHRES alias MITHO S. 13---West Pakistan Urban Rent Restrictions Ordinance (VI of 1959), S.5-A---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Denial of relationship of landlord and tenant by the tenant---Words "requires it in good faith for his own occupation"---Scope---Landlord filed eviction petition on the grounds of de
2020 PLD 78 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2020
ZAHID HUSSAIN KHAN VS SHAMS ULLAH Ss. 13 & 5---Ejectment of tenant---Default in payment of rent-Bona fide personal need of landlord---Rent Controller while accepting eviction petition on the ground of default in payment of rent directed landlord to approach the civil Court for recovery of arrears of rent and outstanding utility bills---Validity---Rent Controller was empowered to determine r
2020 YLR 2094 PESHAWAR-HIGH-COURT
KPK · 2020
IFTIKHAR KHAN VS SIKANDAR KHAN S. 13---Specific Relief Act (I of 1877), S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 79, 113 & 129(g)---eviction of tenant---Suit for specific performance of agreement to sell---Proof of execution of document required by law to be attested, facts admitted need not be proved, withholding best evidence---Scope---Landlords claimed that the suit property was rent
2020 YLR 1997 PESHAWAR-HIGH-COURT
KPK · 2020
SYED MUHAMMAD VS Mst. FEROZA S. 13---Civil Procedure Code (V of 1908), S.12(2)---eviction of tenant---Ex-parte decree, setting aside of---Sufficient cause---Waiver---Scope---Rent Controller, on the application of landlady for eviction of tenant, directed the tenant to deposit Rs. 31,25,000/- as tentative rent---Tenant assailed the said order in Constitutional petition, which was dismissed--
2020 YLR 1516 PESHAWAR-HIGH-COURT
KPK · 2020
Syed YOUSAF ALI SHAH VS SHOAIB KHAN Ss. 13 & 14---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---'Pagri' amount, payment of---Effect---Earlier, ejectment petition filed on behalf of mother of landlord having been dismissed---Res judicata, principle of---Applicability--- Tentative rent--- Non-payment of--- Effect--- Landlord filed eviction petition o
2020 CLC 1286 PESHAWAR-HIGH-COURT
KPK · 2020
Haji MUKARRAM KHAN VS Haji BADSHAH KHAN S.13---Civil Procedure Code (V of 1908), O. VII, R. 11 & S. 89-A---Ejectment petition---Tenant filed application for summary rejection of eviction petition on the ground that co-owner had compromised with him---Rent Controller dismissed the said application---Validity---If co-owner of demised premises had filed separate application for enhancement of
2020 PLD 94 PESHAWAR-HIGH-COURT
KPK · 2020
PAK MUHAMMAD VS Mst. ROZEENA WASEEM S. 12(2)---Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959), S. 13---eviction of tenant---Bar to further suits---Scope---Petitioner filed applications under S.12(2), C.P.C.), before the Rent Controller challenging the decrees on the ground of fraud and collusion between the alleged landlord and alleged tenant---Case of petitioner was that
2020 YLR 2421 LAHORE-HIGH-COURT-LAHORE
Punjab · 2020
PCBL VS ZEENAT BIBI S.13---Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993), Ss. 7, 16 & 17--- Cooperative petition---Maintainability--- Ejectment petition against Pakistan Development Cooperative Corporation Limited ("Cooperative Corporation")---Execution petition for recovery of arrears of rent from Cooperative Corporation---Auction of property of the Cooperative Cor
2020 YLR 2344 LAHORE-HIGH-COURT-LAHORE
Punjab · 2020
MUHAMMAD ILYAS VS MUMTAZ BEGUM S.8---Suit for possession of immovable property--- Admission---Withdrawal of---Effect---Suit land was inherited in favour of plaintiffs being widow and minor son of deceased---Defendant having possession of suit property being nephew of deceased filed earlier suit for declaration on the basis of gift against public-at-large which was ex parte decreed---Plainti
2020 YLR 2115 LAHORE-HIGH-COURT-LAHORE
Punjab · 2020
AKHTAR MEHMOOD VS SPECIAL JUDGE (RENT), LAHORE Ss. 19 & 10---eviction petition---Effect of other agreement---Scope---Petitioner/tenant assailed concurrent dismissal of his application seeking leave to contest---Validity---Petitioner, in his application seeking leave to contest, had admitted payment of rent notwithstanding execution of two agreements to sell---Execution of agreements to sell
2020 YLR 854 LAHORE-HIGH-COURT-LAHORE
Punjab · 2020
Sh. SAEED UL HASSAN VS Sh. MOHAMMED IMRAN Ss. 15 & 2 (l) (iii)---Ejectment petition against sub-tenant---Maintainability---Demised premises was rented out by tenant in favour of sub-tenant---eviction petition against sub-tenant was accepted concurrently--- Validity--- No written consent on the part of landlord in favour of tenant to induct sub-tenant was on record---When oral assertion had
2020 MLD 1689 LAHORE-HIGH-COURT-LAHORE
Punjab · 2020
ADNAN ALI VS RENT CONTROLLER, MULTAN CANTT. Ss.17 & 24---eviction of tenant---Tentative rent, determination of---Interim order---Maintainability---Scope---Tenant assailed order as to the deposit of future rent and arrears of rent pending disposal of the ejectment petition---Validity---Section 24 of Cantonments Rent Restriction Act, 1963, provided for an appeal against the order of the Rent
2020 MLD 226 LAHORE-HIGH-COURT-LAHORE
Punjab · 2020
MUHAMMAD ISMAIL VS MUHAMMAD ASLAM Ss. 15 & 2(e)---eviction petition---'Pagri' amount, payment of---Court below held that landlord was liable to return lump sum pagri amount of Rs. 500,000/- (Rs. 250,000/- for each shop) to the tenant---Validity---Half of the market value of shops had been paid as pagri to the landlord---Pagri amount paid for one shop was Rs. 75000/- and for other Rs. 250000
2020 MLD 226 LAHORE-HIGH-COURT-LAHORE
Punjab · 2020
MUHAMMAD ISMAIL VS MUHAMMAD ASLAM Ss. 2(e) & 15---eviction of tenant---Tenant had paid amount of Pagri to the landlord---Adjustment of pagri amount at the time of eviction---Scope---"Pagri"---Connotation.
2020 CLC 2080 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
MUHAMMAD HANIF VS ANJUMAN-E-IMAMIA (REGISTERED SOCIETY), through Patron Ss.15 & 21---Ejectment of tenant---Default in payment of rent---Appellate Court, jurisdiction of---Scope---Rent Controller dismissed eviction petition only on the ground of maintainability but Appellate Court allowed the same on the ground of default in payment of rent---Validity---Rent Controller had dismissed eviction
2020 YLR 2237 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
MUHAMMAD ASLAM VS Mst. HAFIZAN BEGUM S. 14---Ejectment of tenant---Delivery of vacant possession---Scope---Petitioner/ tenant assailed the concurrent findings of Rent Controller as well as Appellate Court wherein eviction application of the landlord filed under S.14 of the Sindh Rented Premises Ordinance, 1979 was allowed---Validity---Rent Controller as well as Appellate Court had exercised
2020 YLR 1967 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
ANWAR AHMAD VS IQBAL AHMAD S. 17---eviction of tenant---Personal need of landlord---Burden of proof---Scope---Landlord seeking eviction of his tenant on the ground of personal need cannot be deprived of such valuable and inalienable right provided to him by law merely on the ground that his spouse and/or any other member of his family owns other property(ies); the only burden on him is to p
2020 YLR 1967 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
ANWAR AHMAD VS IQBAL AHMAD S. 17---eviction of tenant---Personal need of landlord--- Scope--- eviction petition was dismissed by Rent Controller on the grounds that the demised premises were commercial, (although not officially) therefore, landlord could not seek eviction of tenants to use the premises as his residence; that the ground floor of demised premises was not in habitable conditio
2020 YLR 1932 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
MUHAMMAD AZEEM VS Mst. RANI Ss. 15, 18 & 2(i)---Contract Act (IX of 1872), Ss. 196 & 197---eviction petition by attorney--- Maintainability--- Change of ownership of demised premises---Notice to the tenant---Default in payment of rent and utility charges---Bona fide personal need of landlord---Scope---Evasive denial by tenant---Effect---Ratification---Need of husband of landlady---Scope---e
2020 YLR 1886 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
WASEEM KHAN VS ASIM HUSSAIN Ss. 15 & 2(i)---Transfer of Property Act (IV of 1882), S. 53-A---Qanun-e-Shahadat (10 of 1984), Art.132---Ejectment of tenant---Default in payment of rent---Sale agreement--- Effect--- eviction petition was accepted concurrently--- Validity--- Tenant had committed default with regard to payment of rent, electricity and water charges---Tenant had failed to file wr
2020 YLR 1741 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
Mir AZIZ ULLAH KHAN VS MUHAMMAD SABIR S. 17---Constitution of Pakistan, Art. 10-A---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Sale agreement in favour of tenant---Suit for specific performance of contract filed on behalf of tenant--- Effect--- Fair trial---Requirements---Tenant refused to receive Court notice and he was proceeded ex-parte---evi
2020 YLR 992 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
NASREEN KAUSAR VS Mst. HOOR AFZAL Ss. 18 & 15---Change of ownership---Requirements---Default in payment of rent---eviction petition was allowed on the ground of default in payment of rent---Contention of tenant was that he had paid rent to the previous owner of demised premises---Validity---Subsequent owner of demised premises was required to send a written intimation by registered post to
2020 YLR 561 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
AIRPORT HOTEL, HOTEL SKYROOMS (PVT.) LTD. VS Khawaja AHSAN MEHMOOD Ss. 17, 27 & 28---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---Rent Controller dismissed ejectment petition in a summary manner with special costs---Validity---Rent Controller had no power to award compensation and he could only impose fine to the extent of Rs. 500/- in case of contrave
2020 YLR 61 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
SAEED MAZHAR ALI VS Mrs. AROOSA MUBASHIR Ss. 6, 17, 24 & 30---General Clauses Act (X of 1897), S. 6(e)---Constitution of Pakistan, Art. 175(3)---eviction of tenant---Inherent jurisdiction of High Court---Scope---Tenant had stopped paying the monthly rent to the landlord claiming that he had entered into agreement to sell regarding demised property with the landlord---Appellant/ tenant chall
2020 CLC 1720 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
Dr. MUHAMMAD HASSAN VS ADDITIONAL CONTROLLER OF RENT, CLIFTON CANTONMENT BOARD Ss.3, 17, 19(8) & 24--- Constitution of Pakistan, Arts. 10-A & 23---eviction of tenant---Property rights---Rent Controller, jurisdiction of---Petitioners were having lease agreements in their favour executed by Federal Government and the Government sought their eviction from Rent Controller on the plea of raising
2020 CLC 1599 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
Haji MUHAMMAD ASHRAF QURESHI VS NANKI BAI S.2---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---Application for eviction of tenant --- Power of attorney, validity of---Plea on behalf of tenant that eviction proceedings filed by attorney for the landlady before the Rent Controller had not been filed on the basis of proper General Power of Attorney establishing the actual and valid ag
2020 MLD 130 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
Syed ALI ABBAS RIZVI VS ADDITIONAL CONTROLLER OF RENTS S. 24---eviction of tenant---Interlocutory order---Petitioner was tenant of respondent who was sent a notice to evict property on grounds of personal needs and unauthorized alterations to subject property by the tenant---Plea raised by petitioner was that he was not allowed to present additional documents before authorities despite ther
2020 MLD 7 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
ABDUL HAFEEZ VS MOHAMMAD YOUSUF S. 15---Constitution of Pakistan, Art. 23---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Proof---Rent Controller passed order for eviction of tenant on the ground of bona fide personal need of landlord but Appellate Court set aside the said order---Validity---Landlord had right to acquire and deal with the property in
2020 CLC 60 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
SULTAN-UL-ULOOM, MIR USMAN ALI KHAN ACADEMY VS ANIS-UR-REHMAN S.15(3)---eviction of the tenant on both the grounds of personal requirement and reconstruction in same proceedings would not be illegal as the said two grounds are not mutually destructive.
2020 CLC 60 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
SULTAN-UL-ULOOM, MIR USMAN ALI KHAN ACADEMY VS ANIS-UR-REHMAN S.15(3)----eviction petition---Grounds being reconstruction of premises and bona fide personal need of landlord---Right of tenant after reconstruction of building---Rent Controller ordered eviction---Appellate Court maintained order of eviction with directions to the landlord to demolish building within three months, erect the ne
2020 YLRN 131 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
BARKAT ALI VS Mst. NASEEM Ss. 3, 4 & 7(1)---Prevention of illegal dispossession of property---Restoration of possession--- Appreciation of evidence---Complainant/respondents purchased the disputed plot on which the accused persons/ appellant party was in illegal possession and also harassing the complainant party/ respondents---Complainant party/respondents filed civil suit against the appl
2020 CLCN 38 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
UNITED BANK LIMITED VS MOHAMMAD SIDDIQ BAWA GADIT Ss. 15, 10 & 16---Ejectment of tenant---Default in payment of rent--Arrears of rent, payment of---Requirements---Tentative rent---Non-payment of---Effect---eviction petition was accepted by the Rent Controller but Appellate Court dismissed the same---Validity---Rent Controller passed order for payment of arrears of rent but tenants had faile
2020 CLCN 29 KARACHI-HIGH-COURT-SINDH
Sindh · 2020
SHAFIQ-UD-DIN VS Mst. SHAHIDA GHAZAL S. 15---Ejectment of tenant---Denial of relationship of landlord and tenant---Default in payment of rent---Bona fide personal need of landlord---eviction petition was accepted concurrently---Validity---Relationship of landlady and tenant existed between the parties---Tenant had committed default in payment of rent---Concurrent findings recorded by the Co
2020 YLR 2269 ISLAMABAD
ICT · 2020
UMER TANVEER BUTT VS MUHAMMAD IBRAHIM Ss. 17, 2(j) & 5---Ejectment of tenant---Denial of relationship of landlord and tenant---Lease agreement---Onus to prove---Claim of sale agreement by tenant in his favour---Scope---Ex-parte proceedings having been set aside---Effect---Document produced as "mark" by the party---Evidentiary value---Provisions of Qanun-e-Shahadat and Civil Procedure Code,
2020 YLR 1469 ISLAMABAD
ICT · 2020
NOOR AHMED ZEESHAN VS Ch. ABDUL RAUF S. 17---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Scope---eviction petition was accepted on the grounds of default in payment of rent and personal need of landlord---Validity---Tenant dispatched rent through money order but same was late for two months due to which landlord did not receive the same---Tenant
2020 YLR 932 ISLAMABAD
ICT · 2020
MUHAMMAD AZHAR VS ADDITIONAL DISTRICT JUDGE-VII, WEST, ISLAMABAD S. 17---eviction of tenant---Bona fide need of landlord---eviction through attorney---Periodic tenancy---Petitioners were co-owners of property who filed for eviction of respondents for bona fide personal need---Contention of respondents was that they were not tenants under petitioners and that eviction was not filed properly-
2020 CLC 249 ISLAMABAD
ICT · 2020
JAHANGIR HUSSAIN VS NEGHAT REHMAN Ss. 17 & 2(g)---eviction petition by co-owner---Maintainability---Personal bona fide need of one of the landlords---Effect---Petition for eviction by co-owner was dismissed by the Courts below without recording evidence---Validity---Co-owner of rented premises had right to file eviction petition---Mere execution of lease deed by one of the co-owners by itse
2019 SCMR 842 SUPREME-COURT
Supreme Court · 2019
FAREED UD DIN MASOOD VS ADDITIONAL DISTRICT JUDGE BAHAWALPUR Ss. 15 & 16---Civil Procedure Code (V of 1908), O. I, R. 10---eviction petition---Dispute regarding ownership of property---Rent Tribunal/Controller, jurisdiction of---Scope---Any dispute with regard to the title or ownership of a property subject matter of eviction proceedings had to be determined by a court of competent jurisdic
2019 SCMR 627 SUPREME-COURT
Supreme Court · 2019
ABDUL LATIF VS PARMACIE PLUS Ss. 7(5) & 17--- eviction of tenant---Rent determined between the parties--- Scope--- Prohibition contained under S. 7(5) of the Cantonments Rent Restriction Act, 1963---Scope---Tenancy agreement was for a period of eleven months, and one of the clauses of the agreement stipulated that rent shall be increased by seven percent after every eleven months---When the
2019 YLR 2025 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2019
MUHAMMAD AZAM VS NABI BAKHSH S. 7---eviction and mode of recovery as interim relief---Scope---Petitioners assailed order of trial court whereby it allowed the application under S. 7 of Illegal Dispossession Act, 2005 and directed the petitioners to hand over peaceful possession of the disputed property---Validity---Both parties had claimed their ownership and possession over the disputed pr
2019 YLR 2025 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2019
MUHAMMAD AZAM VS NABI BAKHSH S. 7---eviction and mode of recovery of property as interim relief---Scope---Scope of S. 7, Illegal Dispossession Act, 2005 was limited and the court had to form its opinion tentatively without touching the merits of the case.
2019 PLD 113 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2019
DAWOOD KHAN VS SULTAN MUHAMMAD Ss. 13 & 13-A---Ejectment of tenant---Change of ownership---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Effect---eviction petition was dismissed on the ground that petitioner had failed to prove relationship of landlord and tenant---Validity---Demised premises had been mutated in favour of petitioner and other leg
2019 YLR 943 PESHAWAR-HIGH-COURT
KPK · 2019
HAMAYUN KHAN VS Raja MUHAMMAD AYAZ O. XXI, R. 99---Cantonments Rent Restriction Act (XI of 1963), S. 17---eviction of tenant---Execution petition---Objections---Matter decided without affording opportunity of hearing---Natural justice, principles of---Applicability---Objection petition was filed but same was dismissed by the Executing Court---Appellate Court accepted the appeal and remanded
2019 YLR 757 PESHAWAR-HIGH-COURT
KPK · 2019
Syed NAEEM SHAH VS Khawaja ZAHOOR IQBAL S. 13---Ejectment of tenant---Default in payment of rent---Striking off defence---Recovery of defaulted rent---Procedure---Rent Controller passed order for deposit of monthly rent before 15th of each month---Tenant did not cross-examine the witnesses and his defence was struck-off---Rent Controller accepted eviction petition on the ground of default a
2019 MLD 1991 PESHAWAR-HIGH-COURT
KPK · 2019
GUL SHER ABAT KHAN VS MUMTAZ ALI KHAN S. 13(6)---eviction petition---Tentative rent order---Scope---Rent Controller, after receiving written reply would pass an order for deposit of tentative rent by the tenant but if the tenant makes default in the compliance of such order his defence shall be struck off and the landlord shall be put into possession without further proceedings.
2019 MLD 1991 PESHAWAR-HIGH-COURT
KPK · 2019
GUL SHER ABAT KHAN VS MUMTAZ ALI KHAN S. 13---Qanun-e-Shahadat (10 of 1984), Art. 115---eviction petition---Bona fide personal need of landlord---Default in payment of rent---Denial of relationship of landlord and tenant by tenant---Scope---Respondents/landlords filed ejectment petition wherein they had claimed that tenant had committed default in payment of monthly rent and that the suit s
2019 PLD 227 PESHAWAR-HIGH-COURT
KPK · 2019
ASLAM KHAN VS FAWAD AKHTAR S. 13---Ejectment of tenant---Expiry of rent agreement---"Acceptance by silence", doctrine of---Applicability---eviction petition was accepted on the ground of expiry of rent agreement---Validity---Relationship of landlord and tenant existed between the parties---Tenant was occupying the demised premises on the strength of rent agreement---Said agreement was for o
2019 PLD 363 LAHORE-HIGH-COURT-LAHORE
Punjab · 2019
ASAD ALI KHAN VS SPECIAL JUDGE RENT S. 15---eviction petition---Tenancy agreement, expiry of---Oral tenancy---Ejectment of tenant---Where period of tenancy had expired, the tenant who relied upon its extension had to establish through cogent evidence the time period for which it had been extended otherwise oral extension would tantamount to extension of one month only and such tenancy had t
2019 PLD 363 LAHORE-HIGH-COURT-LAHORE
Punjab · 2019
ASAD ALI KHAN VS SPECIAL JUDGE RENT Ss. 15 & 2(e)---eviction petition---'Pagri', determination of---Expiry of lease agreement---Oral tenancy---Initial period of tenancy was for 11 months which was extendable by mutual consent of the parties-Tenant claimed that tenancy was orally extended for unlimited period and he had paid 'pagri' for the same---Rent Tribunal ordered for eviction of tenant
2019 CLC 1405 LAHORE-HIGH-COURT-LAHORE
Punjab · 2019
MUHAMMAD ARIF VS MEMBER, BOARD OF REVENUE PUNJAB LAHORE Ss. 117, 175 & 3---Power of Revenue Officer to define boundaries---Prevention of encroachment upon common lands---Exclusion of land occupied as site of a town or village from operation of Punjab Land Revenue Act, 1967---Scope---Respondent filed application for demarcation of public thoroughfare, which was carried out and ultimately pet
2019 CLC 1405 LAHORE-HIGH-COURT-LAHORE
Punjab · 2019
MUHAMMAD ARIF VS MEMBER, BOARD OF REVENUE PUNJAB LAHORE S. 175---Prevention of encroachment upon common lands---Scope---Section 175, Punjab Land Revenue Act, 1967 provides procedure for eviction of an encroacher over the land reserved for common purposes irrespective of the fact that a building has been erected thereupon.
2019 MLD 2095 LAHORE-HIGH-COURT-LAHORE
Punjab · 2019
SHERAZ PERVAIZ MUSTAFA VS The SPECIAL JUDGE (RENT), LAHORE Ss. 5, 8, 9, 19 & 21---Ejectment of tenant---Tenancy being oral---Payment of fine---Effect---Ex-parte proceedings---Scope---Petition for leave to contest was dismissed and eviction petition was accepted ex-parte---Validity---Payment of fine would authorize the Rent Tribunal only to entertain an eviction petition---Mere entertainment
2019 YLR 2846 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
ZAHID HUSSAIN VS SALEEM YOUSUF Ss.16, 15 & 10---eviction of tenant---Non-compliance of tentative rent order---Default in payment of future monthly rent---Scope---Rent Controller, on the application of petitioner/landlord, passed tentative rent order for payment of arrears of rent as well for next (coming ) three months and subsequently struck off defence of tenant (respondent ) for non-comp
2019 YLR 2500 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
CAPRI AUTOS, NMOTORCYCLE DEALERS VS Dr. MASUMA HASAN Ss. 15 & 18---eviction petition---Default in payment of rent---Denial of relationship of landlord and tenant---Deposit of rent in court---Notice of change in ownership, service of---Scope---Landlord while claiming default in payment of rent asserted that the tenant was inducted in the premises by previous tenant and that he was a trespass
2019 YLR 2013 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
Chaudhary MUHAMMAD SALEEM VS Vth ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) Ss. 15 & 16---eviction petition---Denial of relationship of landlord and tenant by tenant---Non-compliance of tentative rent order---Effect---Petitioner/ landlord assailed the order of Appellate Court whereby while allowing the appeal of tenant it had set aside the orders passed by Rent Controller---Contention of te
2019 YLR 2013 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
Chaudhary MUHAMMAD SALEEM VS Vth ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) S. 15---eviction petition---Denial of relationship of landlord and tenant by tenant---Scope---Where tenant asserts that he is no more a tenant as he has purchased the property, even then he has to vacate the property and file a suit for specific performance of the sale agreement---Tenant would be entitled to possess
2019 YLR 2013 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
Chaudhary MUHAMMAD SALEEM VS Vth ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) S. 15---eviction petition---Denial of relationship of landlord and tenant by tenant---Scope---Landlord would be entitled to recover rent till the time civil court passes a decree against the landlord in a suit for specific performance.
2019 YLR 1817 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
Mst. ZULEKHA KHANUM VS PERVAIZ AKHTER S. 15---eviction petition---Terms of tenancy agreement to continue after its expiration--- Scope--- Even after expiration of the period of tenancy stipulated in the agreement, the terms and conditions between the parties regarding the mode and time of payment of rent were to continue to remain in force---Where the parties had mutually agreed for advance
2019 YLR 1817 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
Mst. ZULEKHA KHANUM VS PERVAIZ AKHTER S. 15---eviction petition---Default in payment of rent---Accumulated rent---Scope---Landlady sought eviction of tenant on the ground of default in payment of rent---Plea of tenant was that he used to pay accumulated rent for several months to the landlady through rent collector who, despite his repeated requests, did not come to collect the rent for the
2019 YLR 1763 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD AKBAR ALI VS Mst. FATIMA BIBI S. 15---Ejectment of tenant---Sale agreement in favour of tenant---Effect---Contention of tenant was that she had sale agreement of demised premises in her favour---eviction petition was accepted by the Rent Controller but same was dismissed by the Appellate Court---Validity---Rent Controller could not adjudicate the dispute with regard to title of dem
2019 PLD 559 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
FAIZAN SHABBIR VS Shaikh ABDUL WAHAB S. 15(2)(ii)--- eviction of tenant---Ground of default in payment of rent by the tenant---When available---Parties had agreed that monthly rent shall be payable by the tenant in advance on the 5th day of each calendar month---Obligation of tenant---Principals.
2019 PLD 559 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
FAIZAN SHABBIR VS Shaikh ABDUL WAHAB S. 15---eviction of tenant---Ground of bona fide personal need of landlord---Landlord had failed to plead ground of personal need in the eviction application---Effect---Landlord, in circumstances, was not entitled to raise such ground for the first time in his evidence---Case set up in the pleadings could not be improved at the stage of evidence.
2019 YLR 1690 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD AAMIR MALIK VS Mrs. AFSHAN ATEEQ Ss. 17(9) & 24---eviction of tenant--- Terms of tenancy agreement that preference was to be given to tenant in case of selling rented premises by the landlord--- Scope--- Additional Rent Controller passed tentative rent order whereby tenant was to deposit future monthly rent but he did not comply with the said order---Appellant/tenant contended that
2019 YLR 1301 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
Mst. MEHRUNISA VS MUHAMMAD ASLAM PARACHA S. 17---eviction of tenant---Personal bona fide need of landlord---Scope---Amount deposited as Pagri by the tenant---Effect---Petitioner/lady tenant contended that respondent was not co-owner of the property where the rented premises (flat ) was situated which fact was upheld by the Supreme Court in an earlier dispute between the parties---Validity--
2019 YLR 1181 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD DIN VS Mst. KAUSAR JEHAN Ss. 2(f), 15 & 18----eviction of tenant---Denial of relationship of landlord and tenant by the tenant---Legal status of the eviction petitioner objected by the tenant---Scope---eviction petition---Maintainability---Words "owner" and "entitled to receive" in S.2(f), Sindh rented Premises Ordinance, 1979---Scope---Petitioner/tenant contended that respondent(l
2019 YLR 1126 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD AHSAN VS SHAHID KHAN YOUSUFZAI S. 17---eviction of tenant---Wilful default---Denial of relationship of landlord and tenant by tenant---Scope---Evaluation of the evidence adduced by the parties where tenant simply denied the relationship--- Scope--- Petitioner/ landlord contended that he was absolute and exclusive owner of two shops (rented premises) which were let out to the respon
2019 YLR 966 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
PHARMACIE PLUS through Group Administration Head VS ABDUL LATIF Ss. 7, 8, 17 & 24--Sindh Rented Premises Ordinance (XVII of 1979), S. 8---eviction of tenant---Fair rent---Scope---Terms of agreement not in consonance with the prevalent law---Effect--- Enhancement/increase in monthly rent during/expiry of the tenancy---Scope---Question was as to whether law prohibited parties to re-determine
2019 YLR 715 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD IQBAL MEMON VS Mst. AZRA BANO S. 15(2)(ii)---eviction petition---Non-admission of default in payment of rent on the first date of hearing by the tenant---Effect--- Tenant could not claim benefit of S.15(2)(ii) of Sindh Rented Premises Ordinance, 1979 where he had failed to admit such default on the very first date of hearing.
2019 YLR 715 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD IQBAL MEMON VS Mst. AZRA BANO S.15---Constitution of Pakistan, Art.199---Constitutional petition---Certiorari, writ of---Scope---eviction of tenant---High Court could interfere in such matters in cases where findings were based on non-reading or misreading of evidence, erroneous assumption of facts, misapplication of law, excess or abuse of jurisdiction or arbitrary exercise of pow
2019 YLR 313 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
ASLAM PERVEZ VS MADARSA ANWARUL ISLAM GHOUSIA FARIDIA (REGD.) NOOR MASJID GHOTKI Ss. 15, 16 & 21---eviction petition---Denial of relationship of landlord and tenant---Rent Controller passed tentative rent order directing the tenant to deposit arrears and future rent---Appeal against interim order---Scope---Petitioner/tenant contended that, in absence of remedy of appeal against interim orde
2019 PCrLJ 1023 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
ATTA RASOOL VS Haji MUHAMMAD RAFIQUE S. 7---eviction and mode of recovery as an interim relief---Trial Court allowed application filed by complainant, under S.7 of Illegal Dispossession Act, 2005, directing applicants/alleged illegal occupants to put the complainant in physical possession of subject property---Applicants had assailed said order---Validity---Prima facie, applicants had faile
2019 CLC 2008 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
SOHAIL VS KAMRAN SIDDIQUI Ss.2(g) & 15(2)(vii)---eviction of tenant---Bona fide personal need of brother of landlord---Landlord sought eviction of tenant from his shop on plea of bona fide personal need by his brother---Rent Controller dismissed eviction application but same was allowed by Lower Appellate Court---Validity---Landlord was not entitled to claim demised premises for his brother
2019 CLC 2008 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
SOHAIL VS KAMRAN SIDDIQUI S.15(2)(vii)---eviction of tenant---Plea of bona fide personal need---Onus to prove---Burden is squarely on landlord to prove that demised premises is required by him in good faith and personal need pleaded by him is genuine and bona fide.
2019 CLC 1774 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
CUSTOM PUBLIC SCHOOL VS AFTAB AHMED Ss.15 & 21---Limitation Act (IX of 1908), S.5---eviction of tenant---Condonation of delay in filing appeal---Scope---Petitioner/tenant filed appeal along with an application under S.5 of the Limitation Act, 1908 for condoning the delay---Only ground urged by the petitioner before the appellate Court was that his attorney fell sick due to which he was advi
2019 CLC 1557 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
SHAMIM BEGUM VS AZIZUL HASAN KHAN Ss. 15 & 18---Ejectment of tenant---Change of ownership---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Expression "or by such other mode" in S.18, Sindh Rented Premises Ordinance, 1979---Scope---Agreement of sale---Scope---Landlord purchased demised premises through sale agreement and requested the tenant for pa
2019 CLC 1410 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD AFSAR VS MUHAMMAD ANWAR S.15---Civil Procedure Code (V of 1908), O.XLI, R. 27---Ejectment application---Denial of tenancy by the occupant/tenant---Pendency of civil suit---Non-production of proof of entitlement by tenant---Effect---Non-disposal of application for additional evidence under O. XLI, R.27, C.P.C. by the Appellate Court---Legality---Petitioner/landlord contended that Ap
2019 MLD 1840 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
GHULAM HYDER VS CHUTTAL KHAN Ss. 3 & 7---Prevention of illegal possession of property---eviction and mode of recovery of possession as interim relief---Scope---Complainant, in order to avail the benefit of S. 3 of Illegal Dispossession Act, 2005 has to prima facie establish before the court that he is lawful owner or was occupier of the subject property; that accused had entered into or upo
2019 MLD 1840 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
GHULAM HYDER VS CHUTTAL KHAN Ss. 7 & 2(c)---eviction and mode of recovery of possession as interim relief---"Occupier"---Scope---Applicants sought restoration of possession as interim relief in their respective complaints under Illegal Dispossession Act, 2005---Trial court had dismissed the respective applications for restoration of possession---Validity--- Prima facie, the possession of th
2019 MLD 1625 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
HAIDER ALI RAVJANI VS GULZAR FEROZ Ss. 17(6)(9) & 24---eviction of tenant---Wilful default in payment of monthly rent---Personal bona fide need---Scope---Appellant/landlord contended that Additional Rent Controller had wrongly dismissed his eviction application by holding that he (landlord) was very much confused to specify particular ground on which he wanted to evict the tenant/respondent
2019 CLC 1266 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
SALIM AHMED VS NASIM IMTIAZ Ss. 15 & 21---Constitution of Pakistan, Arts. 4 & 23---eviction of tenant---Bona fide personal need of landlord for business---Scope---Invocation of extra-ordinary constitutional jurisdiction of High Court after availing remedy provided under the relevant-law---Scope---Petitioner/tenant contended that respondent/landlord also owned other properties, through inher
2019 CLC 1063 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MAKHDOOM HUSSAM-UL-HAQ VS Syed GHULAM MOHIUDDIN S.15---Civil Procedure Code (V of 1908 ), O. XLI, Rr. 25/27----eviction of tenant---Personal bona fide need of landlord for his son---Scope---Powers of Appellate Court to remand the case---Scope ---Appellate Court remanded the case for adducing evidence of the son of the landlord for whom the rented premised was required---Petitioner/landlord
2019 CLC 687 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
Mst. FARZANA JAVED VS Mst. NIGHAT SULTANA S.15---eviction petition---Personal bona fide need of landlady---Choice of landlord---Even if more than one premises were available with the landlord and he/she chose to occupy for personal need a particular one, the tenant had no right to challenge such choice of the landlord.
2019 CLC 687 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
Mst. FARZANA JAVED VS Mst. NIGHAT SULTANA ----S.15---eviction petition---Default in payment of rent---Personal bona fide need of landlady---Scope---Trial Court dismissed the petition holding that landlady had failed to prove her personal need of the rented premises---Trial Court did not decide the issue of default on the ground that it was not agitated by her counsel at the time of final ar
2019 PLC 249 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
RASHID HUSSAIN VS PTCL S.16---Employees of Pakistan Telecommunication Company Limited having opted Voluntary Separation Scheme---eviction from residential accommodation---Scope---Company filed complaint against the employees for their eviction from the residential accommodation which was accepted---Validity---Employees had accepted the severance of their ties with the company by opting sett
2019 CLC 85 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
AMIR VS NASIR AHMED S.15---eviction petition---Wilful default---Tenant denied relationship of landlord and tenant---Scope---Pendency of suit for specific performance of agreement to sell regarding the subject premises---Effect---Rent Controller---Jurisdiction---Scope---Petitioner / tenant contended that till final decision of pending civil suit, Rent Controller had no jurisdiction to entert
2019 PLC(CS) 594 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD TARIQ QASMI VS FEDERATION OF PAKISTAN R. 15---Policy Governing Allotment of Residential Accommodation (Meant for Secretariat Employees) at Karachi by Estate Office, SGA&CD dated 22-05-1999, Paras. 7, 13, 24 & 26---General Clauses Act (X of 1897), S. 24-A---Constitution of Pakistan, Art. 10-A---Government residence---Unlawful occupation---Ejectment---Petitioners were residents of go
2019 PLD 18 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
WILLAYAT ALI VS NAHEED HUSSAIN Ss. 15(2)(vii) & 2(g)---Constitution of Pakistan, Arts. 23, 24 & 199---eviction of tenant---Personal bona fide need for a family member of the landlord---Scope---Denial of relationship of landlord and tenant---Petitioner/landlord contended that both the Courts below had wrongly declined his claim of personal bona fide need, merely on the ground that he failed
2019 CLCN 65 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD MUZAMMIL VS Khawaja MUKHTIAR ALI S. 15---Civil Procedure Code (V of 1908), S. 12(2)---eviction petition---Tenant claiming adverse title---Abuse of process of court---Scope---eviction petition filed by landlord was allowed and the said order was maintained up to High Court---Tenant, in execution proceedings, filed an application under S. 12(2), C.P.C. wherein he claimed that the att
2019 CLCN 65 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD MUZAMMIL VS Khawaja MUKHTIAR ALI S. 15---eviction petition---Adverse title, claim of---Scope---Tenant cannot defeat the order of Rent Controller by claiming title adverse to the title of landlord who has put him in possession of demised premises as tenant. [Para. 7 of the judgment]
2019 CLCN 25 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD AKRAM VS SHRI MAHANT BABOO LALGIR MAHRAJ Ss. 15, 18, 20 & 21---Ejectment of tenant---Change of ownership on the basis of decree of the Court---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Expression "or by such other mode" in S. 18 of the Ordinance---Scope---Dispute of title or ownership---Determination of---Procedure---Landlord became
2019 CLCN 22 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
SULTAN TEXTILE MILLS (PVT.) LTD. VS STATE LIFE INSURANCE CORPORATION OF PAKISTAN S. 15---Ejectment of tenant---Default in payment of rent---Payment of cumulative rent in lump-sum---Effect---Plea of tenant was that defaulted amount had been paid to the landlord---eviction petition was allowed on the ground of default in payment of rent---Validity---Tenant was bound to pay rent regularly on m
2019 CLCN 9 KARACHI-HIGH-COURT-SINDH
Sindh · 2019
MUHAMMAD FAROOQUE AQEEL AKBER VS JAVED AHMED Ss. 15 & 18---Qanun-e-Shahadat (10 of 1984), Art. 115---eviction of tenant---Wilful default--- Denial of relationship of landlord and tenant by tenant---Estoppel---Scope---Petitioner/tenant contended that he had purchased the demised shop from the previous owner---Respondent contended that he sent notice under S. 18 of the Sindh Rented Premises O
2019 YLR 2894 ISLAMABAD
ICT · 2019
YASIN KHAN VS ADDITIONAL DISTRICT JUDGE NO.VII, DISTRICT JUDGE WEST, ISLAMABAD S. 17---eviction of tenant---Denial of relationship of landlord and tenant by the tenant---Landlord having Iqrarnama of demised premises---Dispute of title---Rent Controller, jurisdiction of---eviction petition was dismissed on the ground that relationship of landlord and tenant did not exist between the parties-
2019 YLR 2596 ISLAMABAD
ICT · 2019
HAYAT ULLAH BARKI VS ADDITIONAL DISTRICT JUDGE, WEST, ISLAMABAD Ss. 17(8) & 17(9)---Ejectment of tenant---Arrears of rent, non-payment of---Effect---Rent Controller passed order for deposit of arrears of rent but same were not deposited and eviction petition was accepted---Validity---Tenant had not deposited arrears of rent and Rent Controller was left with no discretion but to pass an orde
2019 YLR 902 ISLAMABAD
ICT · 2019
ASAD AMIN VS NOOR HUSSAIN Ss. 15 & 17---eviction petition---Default in payment of rent---Failure of landlord to make necessary repairs---Unilateral deduction of rent in lieu of repairs carried out by tenant---Effect---Landlord filed eviction petition on the ground of default in payment of rent and expiry of lease agreement---Rent Controller directed the tenant to deposit outstanding rent---
2019 MLD 590 ISLAMABAD
ICT · 2019
SHUJA AHMED VS ADDITIONAL DISTRICT JUDGE (WEST), ISLAMABAD Ss. 17, 24 & 25 (3)---Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005, Cl. 2.17.3---Capital Development Authority Ordinance (XXIII of 1960), S. 49-C---Ejectment of tenant---Lease agreement, violation of---Expression "inquiry"---Scope---eviction petition was moved on the ground of violation of lease agreemen
2019 CLC 985 ISLAMABAD
ICT · 2019
SAEED MUSHTAQ ABBASI VS ABDUL RAUF SABIR S. 17---eviction petition---Defence, striking off---Failure to deposit rent---Expression "the monthly rent which subsequently becomes due", occurring in S. 17(8) of the Islamabad Rent Restriction Ordinance, 2001---Connotation---Tenant assailed the order of striking of defence for the delay in depositing the rent for the month of February---Plea of te
2019 CLC 985 ISLAMABAD
ICT · 2019
SAEED MUSHTAQ ABBASI VS ABDUL RAUF SABIR S. 17---eviction petition---Initial steps to be taken by Rent Controller, enumerated.
2019 CLCN 44 ISLAMABAD
ICT · 2019
AHMAD NADEEM ABBASI VS Chaudhry MUHAMMAD ISHAQ S. 17(2)(9)---Ejectment petition by the co-owner---Maintainability---Tentative rent---Non-payment of---Effect---Rent Controller passed order for deposit of tentative and future rent---Tenant did not deposit tentative rent and eviction petition was accepted---Contention of tenant was that ejectment petition had been signed by only one (eviction)
2018 SCMR 1720 SUPREME-COURT
Supreme Court · 2018
Syed ASGHAR HUSSAIN VS MUHAMMAD OWAIS Ss. 16(1) & 16(2)---eviction petition---Tenant failing to deposit arrears of rent---Striking off defence of tenant---Tenant choose not to comply with the tentative rent order by the Rent Controller---Supreme Court observed best course for the tenant could have been to comply with the tentative rent order under S. 16(1) of the Sindh Rented Premises Ordin
2018 SCMR 1586 SUPREME-COURT
Supreme Court · 2018
Haji BAZ MUHAMMAD KHAN VS NOOR ALI S. 12---Contract Act (IX of 1872), S. 62---Suit for specific performance of agreement to sell---Maintainability---Novation agreement---Landlord and tenant entered into an oral agreement to sell the subject property---Tenant failed to pay the balance sale consideration within the stipulated time, whereafter the matter was referred to arbitration---Arbitrato
2018 PLD 81 SUPREME-COURT
Supreme Court · 2018
WAQAR ZAFAR BAKHTAWARI VS Haji MAZHAR HUSSAIN SHAH 2004 SCMR 456, 2005 CLC 1119, 2005 SCMR 1166, 2009 SCMR 846, 2015 MLD 1740, 2015 SCMR 1494, 2016 CLC 1051, 2016 CLC 1850, 2016 MLD 103, 2017 SCMR 330, PLD 1988 SC 190, PLD 2005 SC 530, PLD 2008 SC 779, PLD 2013 SC 775, PLD 2016 SC 730, PLD 2017 SC 99, Ss. 6 & 17(2)(ii)(b)---eviction of tenant---Grounds---Expiry of tenancy period---After ex
2018 SCMR 443 SUPREME-COURT
Supreme Court · 2018
STATE LIFE INSURANCE CORPORATION OF PAKISTAN VS SAMI-UR-REHMAN S. 15(2)(iii)(a)---Ejectment of tenant---Grounds---'Handing over of possession' of rented premises to some other person without consent of landlord---Scope---Contention of landlord was that tenant was liable for ejectment for "handing over of possession to some other person " as according to the landlord the tenant without the w
2018 PLD 828 SUPREME-COURT
Supreme Court · 2018
TRADING CORPORATION OF PAKISTAN VS DEVAN SUGAR MILLS LIMITED 1992 SCMR 1908, PLD 1988 SC 221, Ss. 11, 12(2), 47, O.IX, R. 13, O. XXI, Rr. 99, 100, 101, 102 & 103---Cantonments Rent Restriction Act (XI of 1963), S. 24---Execution of ejectment order---Tenant seeking successive remedies against the same impugned order on substantially same set of facts and pleadings---For a tenant confronted
2018 YLR 1240 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2018
SAIFULLAH VS NIAMATULLAH 1980 SCMR 593, 1992 SCMR 1170, 1996 SCMR 1178, 2000 SCMR 1292, 2000 SCMR 903, 2012 SCMR 854, PLD 1982 SC 218, S. 13---Ejectment of tenant---Bona fide personal need of landlord---Denial of relationship of landlord and tenant by the tenant---Scope---Landlords were owners of demised premises---Question of title had no relevance in the proceedings before the Rent Contr
2018 MLD 1466 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2018
GHULAM FAROOQ VS DOLAT KHAN S. 13---Ejectment of tenant---Denial of relationship of landlord and tenant by tenant---Scope---Contention of tenant was that he had purchased the demised premises from the brother of landlord through an agreement---eviction petition was dismissed for lack of relationship of landlord and tenant between the parties---Validity---Tenant had failed to establish the a
2018 CLC 459 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2018
Haji ABDUL WAHID VS ABDULLAH 1990 SCMR 751, 1991 SCMR 525, 1993 CLC 2478, 1995 SCMR 500, O. II, R. 2---Specific Relief Act (I of 1877), S.54---Suit (earlier) for recovery of mesne profit and mandatory injuntion after dismissal of eviction petition---Subsequent suit for ejectment from the premises---Relationship between the parties for ejectment proceedings being of partners in a business--
2018 MLD 485 PESHAWAR-HIGH-COURT
KPK · 2018
MALAK ABDULLAH KHAN VS MUHAMMAD RASOOL KHAN 1998 SCMR 2119, 2011 CLC 717, 2013 CLC 562, PLD 2007 SC 45, PLD 2009 SC 453, S. 15---eviction of tenant---Second appeal---Scope---Findings of facts arrived at by the Courts below could be disturbed in second appeal only if they were found to be perverse and not based on record.
2018 MLD 485 PESHAWAR-HIGH-COURT
KPK · 2018
MALAK ABDULLAH KHAN VS MUHAMMAD RASOOL KHAN 2011 CLC 717, 2013 CLC 562, PLD 2007 SC 45, PLD 2009 SC 453, S. 13---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Scope---Landlord was duly cross-examined but no doubt or mala fide in the grounds so raised in the eviction petition were noticed---Genuineness of ground of personal need of landlord could n
2018 YLRN 252 PESHAWAR-HIGH-COURT
KPK · 2018
NOOR-UR-REHMAN VS FAISAL KAMAL S. 13--- eviction petition--- Wilful default---Scope---Delay in compliance of tentative rent order---Striking off defence---Scope---Petitioner/ tenant referred Medical certificates regarding his ailment for the first time before the High Court---Effect---Tenant contended that he was ill so he submitted application to deposit rent with the delay of three days i
2018 CLCN 96 PESHAWAR-HIGH-COURT
KPK · 2018
ALI HASSAN VS AMIN ULLAH 1992 SCMR 1170, 1992 SCMR 1290, 2003 SCMR 1476, PLD 1984 SC 17, PLD 1991 SC 242, PLD 1992 SC 401, PLD 2009 SC 453, S. 13---eviction petition---Denial of relationship of landlord and tenant---Willful default by tenants---Scope---Pendency of suit for specific performance filed by tenants---Effect---Bona fide personal need---Scope---Non-mentioning of version alleged b
2018 CLCN 89 PESHAWAR-HIGH-COURT
KPK · 2018
ABDUR REHMAN VS Rana FEROZ UD DIN 2017 MLD 605, S. 13(4)--- eviction of tenant---Personal bona fide need of landlord---Scope---Non-appearance of son of landlord (for whom premises was needed) as witness---Effect---Availability of other shops owned by landlord---Effect---Petitioner/tenant contended that son of landlord, for whom personal need was claimed, was not produced in evidence before
2018 YLR 1818 LAHORE-HIGH-COURT-LAHORE
Punjab · 2018
MUHAMMAD MUJAHID FAREED VS ADDITIONAL DISTRICT JUDGE Ss. 15, 22 & 13(1)(f)---Ejectment of tenant---Default in payment of rent and structural change by tenant in the demised premises without consent of landlord---Effect---Oral tenancy---Scope---eviction petition was allowed and application for leave to contest was dismissed---Contention of tenant was that he was regularly paying rent to the
2018 YLR 759 LAHORE-HIGH-COURT-LAHORE
Punjab · 2018
Sh. TAUSEEF HUSSAIN VS ADDITIONAL DISTRICT JUDGE 2015 YLR 1617, S.15---Ejectment petition---Dispute as to expiry of tenancy agreement between the parties---Dismissal of application of tenant for leave to contest---Scope--- Non-recording of evidence---Scope---Inconsistent pleas of landlord---Effect---Tenant contended that Rent Tribunal had wrongly rejected his application to leave to contes
2018 YLR 313 LAHORE-HIGH-COURT-LAHORE
Punjab · 2018
TARIQ SIDDIQUE VS ADDITIONAL RENT CONTROLLER S. 15---Civil Procedure Code (V of 1908), O. I, R. 10--- Constitution of Pakistan, Art.199---eviction petition---Application by respondent for impleading as party claiming such right on the basis of agreement to sell of rented premises---Entitlement---Scope---Landlord contended that respondent was not entitled to be impleaded on the basis of agre
2018 CLCN 27 LAHORE-HIGH-COURT-LAHORE
Punjab · 2018
Mst. RUBINA alias RUBI VS ADDITIONAL DISTRICT JUDGE PLD 2011 SC 512, PLD 2016 Lah. 123, PLD 2016 Lahore 123, Ss. 15, 19, 21 & 23---eviction petition---Tenant denied relationship of landlord and tenant and claimed possession of subject property on the basis of agreement to sell---Non-submission of affidavits while filing eviction petition---Effect---Pendency of suit for specific performance
2018 YLR 2337 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
DEWAN SUGAR MILLS LTD. VS TRADING CORPORATION OF PAKISTAN (PVT.) LTD. 2000 CLC 414, 2003 SCMR 181, 2012 CLC 1621, 2012 SCMR 366, 2014 SCMR 322, PLD 1968 Lah. 144, PLD 1968 Lahore 144, PLD 1977 Lah. 524, PLD 1977 Lahore 524, PLD 1988 SC 163, Ss. 12(2), 47 & O. XXI, R.2---Executing Court--- Jurisdiction---Adjustment / settlement of decree---Petitioner was tenant and respondent was landlord a
2018 YLR 1664 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
MUHAMMAD TAQI KHAN VS DARULULOOM QADRIA RIZVIA TRUST S. 15---eviction petition---Wilful default by tenant---Personal bona fide need of landlord---Tenant contended that amount paid as Pugri was not considered by the Rent Controller---Validity---Evidence of the landlord was consistent on the point of default and personal bona fide need and tenant could not show that the act of landlord was ta
2018 MLD 1649 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
NAYAB ALI VS Mst. HAMEEDA BANO 1983 SCMR 1064, 1991 CLC 1364, 1991 SCMR 1376, 1991 SCMR 215, 2001 SCMR 338, 2013 YLR 2526, PLD 2009 SC 546, S. 15---eviction petition---Wilful default in payment of monthly rent---Pendency of civil suit for specific performance filed by the tenant---Effect---Personal bona fide need---Scope---Petitioner/tenant contended that he entered into sale agreement of
2018 MLD 976 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
Mrs. ASMA MAKHDOOM VS Mrs. YASMEEN AZAM 1971 SCMR 83, 1984 CLC 2599, 1988 CLC 402, 1989 CLC 247, 1990 MLD 1164, 1991 SCMR 850, 1992 SCMR 1352, 1993 CLC 1602, 1999 MLD 1342, 2000 MLD 82, 2002 SCMR 203, 2008 CLC 87, PLD 1986 Karachi 258, PLD 2009 Karachi 268, S. 15--- Qanun-e-Shahadat (10 of 1984), Art. 115--- eviction petition---Ground of wilful default of rent---Denial of relationship of l
2018 MLD 937 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
Syed IMTIAZ HUSSAIN VS ABDUL AZIZ 1985 CLC 892, 1986 CLC 1280, 1988 MLD 602, 1996 SCMR 1323, 1998 MLD 940, 2012 SCMR 1498, 2017 MLD 605, S. 15---eviction petition---Willful default---Personal bona fide need---Scope---Testimony of the landlord not rebutted---Effect---Petitioner/tenant contended that rented premises was actually required for the son of landlord which was hardly ground for ev
2018 MLD 498 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
Mrs. HIFSA NAWAZ VS MUHAMMAD HAROON ZAMIR KHAN 1984 CLC 755, 1990 MLD 1009, 2006 SCMR 152, 2012 SCMR 1498, 2014 MLD 693, 2015 YLR 2683, PLD 2015 SC 33, S.15---Ejectment petition---Personal bona fide need of landlord---Landlord had withdrawn eviction petition instituted on the ground of default in monthly rent---Change of cause of action---Scope---Landlady contended that she needed demised
2018 MLD 298 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
BAHADAR KHAN VS ABDUL KHALIQ Ss.2 & 15---Ejectment petition---Ground of personal bona fide need of landlord---Landlord being one of the legal heirs/co-sharers of original landowner---Entitlement of co-sharer alone to file ejectment petition---Scope---Tenant contended that ejectment petition was not maintainable as all legal heirs/co-sharers had not moved the Trial Court---Landlord contended
2018 MLD 32 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
Malik MOHAMMAD RIAZ VS Mrs. FARHAT IMRANA S. 17---eviction petition---Wilful default in payment of rent by the tenants---Tenants denied relationship of landlord and tenant---Landlord moved application for payment of arrears of rent---Rent Controller passed tentative rent order and passed eviction order in the wake of failure of tenant to comply with tentative rent order---Non-compliance of
2018 CLC 1471 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
Dr. MASUMA HASAN VS MUHAMMAD HAFEEZ S.15---Civil Procedural Code (V of 1908), S.12(2)---Application for setting aside eviction order---Allegation of fraud and misrepresentation against landlord---Effect---Tenant contended that the Court could not dismiss her application without framing issues and recording evidence---Landlord contended that matter had already been decided at all relevant av
2018 CLC 940 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
MUHAMMAD AKRAM VS XTH ADDITIONAL DISTRICT AND SESSIONS JUDGE 1995 SCMR 1243, 1997 SCMR 1062, 1998 SCMR 2525, 1999 MLD 2989, 2004 SCMR 1640, 2010 SCMR 1925, PLD 1982 Quetta 49, PLD 2001 Karachi 238, PLD 2003 SC 277, S. 15---Ejecment application--- Appearance of landlady through attorney--- Scope--- Personal bona fide need of landlady---Scope---Petitioner/tenant contended that personal bonaf
2018 CLC 523 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
AKHLAQUE AHMED SOHAIL VS MUHAMMAD YAHYA 1986 MLD 1656, 1988 CLC 1363, 1990 CLC 1224, 1990 MLD 1224, 1995 SCMR 791, 1998 CLC 298, 2012 SCMR 669, PLD 1997 Karachi 501, Ss. 17, 24, 27 & Preamble---eviction petition---Wilful default---Interlocutory order--- Appeal--- Maintainability--- Applicability of C.P.C.---Scope---Appellant/tenant contended that Rent Controller had wrongly dismissed his a
2018 CLC 31 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
MUHAMMAD AIJAZ VS Mst. HANIFA ANJUM 1982 CLC 1916, 1996 MLD 853, 1996 SCMR 1178, 2010 SCMR 1925, S. 15---Second eviction petition---Res judicata, principle of---Applicability---Bona fide personal need of landlady---Scope---Contention of tenant was that landlady had created false ground of personal use of demised premises for her married daughter---Eviction petition was allowed concurrently
2018 CLCN 121 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
ANTHONEY JOSEPH (LATE) VS Miss RUBINA S. 17---Cantonments Act (II of 1924), S. 126---eviction of tenant---Wilful default---Conduct of tenant before the Court---Effect---Appellant/tenant contended that eviction order against him was wrong as no proper opportunity was provided to him to lead his evidence---Respondents contended that appellant remained indolent throughout the proceedings befor
2018 CLCN 105 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
Syed ASGHAR HUSSAIN VS MUHAMMAD OWAIS 1983 SCMR 1064, 1991 CLC 1830, 1994 SCMR 1012, 1994 SCMR 572, 1995 CLC 1751, 1995 MLD 303, 1996 SCMR 877, 1997 MLD 3225, 2000 YLR 1414, 2011 SCMR 1073, 2011 SCMR 320, 2017 SCMR 330, PLD 1985 SC 01, PLD 1985 SC 1, PLD 1991 SC 242, PLD 2004 Kar. 502, PLD 2005 Kar. 554, PLD 2005 Karachi 554, Ss. 15 & 16---eviction petition---Denial of relationship of land
2018 CLCN 97 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
RAJALDAS GIANCHAND VS IST ADDITIONAL DISTRICT JUDGE, KARACHI, SOUTH 1995 SCMR 96, 2001 SCMR 1888, Ss. 15 & 10---eviction petition---Rent tendered through money order---Proof---Postman, production of---When necessary---Postman's endorsement that the remittance was refused by landlord and the same was not challenged or rebutted, then there was no need to call the postman as witness---If rent
2018 CLCN 97 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
RAJALDAS GIANCHAND VS IST ADDITIONAL DISTRICT JUDGE, KARACHI, SOUTH Ss. 15 & 10---eviction petition---Default in payment of rent---Modes of depositing rent---Postman, non-production of---Effect---Whenever it became difficult for a tenant to approach the landlord for deposit of rent, he might adopt the alternate mode of tendering rent through money order or deposit the same in court---If the
2018 CLCN 65 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
SHAKILA IFTIKHAR VS MUHAMMAD YAHYA QURESHI Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 151---Suit for declaration and injunction---Administration of justice---Deposit of monthly rent--- Plaintiff and defendant were sister and brother inter se---Plaintiff claimed to be ostensible owner of suit property whereas defendant had sought ejectment of plaintiff from suit property---High Court
2018 CLCN 46 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
MUHAMMAD NASEEM-UL-HAQ VS Mst. FARHAT JAMEELA S. 15--- Civil Procedure Code (V of 1908), S. 12(2)--- eviction petition---Execution proceeding---Dispute about entitlement of rented premises---Fraud and misrepresentation was alleged under S. 12(2), C.P.C. by a person who was not previously party to the eviction proceedings---Said applicant contended that he was real owner of the property in q
2018 CLCN 32 KARACHI-HIGH-COURT-SINDH
Sindh · 2018
Mst. AMNA BIBI VS PROVINCE OF SINDH through Secretary, Law and Justice Department, Karachi PLD 2006 SC 226, S. 15---Civil Procedure Code (V of 1908), S. 151---Execution proceedings--- Executing Court issued writ of possession against tenant---Tenant moved application under S. 151 of C.P.C. to recall writ of possession having been issued before expiry of time of vacation of premises as orde
2018 YLR 703 ISLAMABAD
ICT · 2018
Malik MUHAMMAD RAMZAN SABIR VS Mst. SHAHINA AKHTAR 2000 SCMR 207, 2012 SCMR 91, PLD 2008 Lah. 250, PLD 2008 Lahore 250, PLD 2010 SC 19, Ss. 10 & 17---eviction petition---Default in monthly rent---Statutory increase in monthly rent---Scope---Expiry of the tenancy agreement---Scope---Non-mentioning of annual increase in rent in the tenancy agreement---Effect---Petitioner/tenant contended tha
2018 YLR 29 ISLAMABAD
ICT · 2018
Ch. NASEER AHMED VS RENT CONTROLLER 1979 CLC 644, 1984 MLD 1198, 1985 CLC 98, 2003 YLR 1722, 2005 CLC 882, 2005 MLD 1287, 2005 SCMR 882, 2005 YLR 783, 2008 CLC 1666, 2008 CLC 547, 2008 MLD 1531, 2008 SCMR 568, 2009 SCMR 315, 2015 CLC 1383, 2015 CLC 663, 2016 CLC 1905, 2016 MLD 624, 2017 CLC 131, PLD 1965 SC 459, PLD 2002 SC 720, PLD 2007 Lahore 261, PLD 2012 Lahore 490, S.17---Arbitration
2018 MLD 1595 ISLAMABAD
ICT · 2018
PANTHER DEVELOPERS through Ghulam Jillani VS ADDITIONAL DISTRICT JUDGE (ADJ), WEST, ISLAMABAD S. 17(9)---eviction petition---Willful default in payment of monthly rent--- Restoration of eviction petition dismissed for non-prosecution--- Tentative order---Retrospective effect---Scope---Non-compliance of earlier order of Rent Controller to deposit monthly rent in Court---Striking off defence
2018 CLCN 100 Gilgit-Baltistan Chief Court
2018
GHULAM MURTAZA VS Raja MUZAFFAR HUSSAIN S. 13---eviction petition---Sub-letting---Tenant sublet the shop to his brother-in-law (sublessee)---Contention of sublessee was that landlord had rented the shop to him through verbal agreement in 1995---Validity---Held, landlord had rented the shop to the tenant through agreement dated 26.8.2009---Such fact was admitted by sublessee in his replicati
2018 SCMR 453 CONSTITUTIONAL-COURT-OF-SOUTH-AFRICA
2018
NOMSA ELLEN DLADLA VS CITY OF JOHANNESBURG Right to human dignity---Right to have access to adequate housing---Freedom and security of the person---Right to privacy---Scope---Temporary shelter accommodation provided by the City Government---Condition that residents leave during the day for certain hours and prohibition on opposite gender partners living together---Whether such shelter condi
2017 CLCN 146 SUPREME-COURT-AZAD-KASHMIR
Supreme Court · 2017
MUHAMMAD MOBEEN KHAN VS FARZAND BEGUM S. 14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Ejectment of tenant---Writ petition---Laches, doctrine of---Applicability---eviction petition was allowed against which appeal was dismissed by the Appellate Court---High Court dismissed writ petition in limine---Validity---Tenant did not obtain requisite certified copy of j
2017 CLCN 122 SUPREME-COURT-AZAD-KASHMIR
Supreme Court · 2017
LIAQAT ALI GILLANI VS KHALIL AHMED BUTT S. 14--- eviction petition---Ex parte ejectment order, setting aside of---Rent Controller, powers of---Scope---Rent Controller set aside ex parte eviction order against which appeal was allowed by the High Court observing that Rent Controller had no power to recall its order---Validity---Rent Controller had been vested with the powers to pass suitable
2017 SCMR 468 SUPREME-COURT
Supreme Court · 2017
NASIR FAHIMUDDIN VS CHARLES PHILIPS MILLS 2002 SCMR 1330, 2014 SCMR 513, S. 18---Qanun-e-Shahadat (10 of 1984), Arts. 92 & 114---Evacuee property---Proof---Whether suit property was evacuee property---Respondent claimed that suit property was not evacuee property, and that appellants were only in possession as licensees---Appellants contended that suit property was sold by respondent's mot
2017 MLD 2106 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2017
RAHIM MUHAMMAD alias ROHI MUHAMMAD VS Syed NOOR SHAH O. VII, R.2---Limitation Act (IX of 1908), Art. 110---Suit for recovery of amount---Arrears of rent in wake of previous eviction proceedings under Rent Restriction law---Defendant had denied relationship of landlord and tenant and had challenged maintainability of the suit and suit being time barred---Maintainability of suit for recovery
2017 CLC 1624 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2017
HABIB BANK LIMITED VS Haji KARIM DAD S. 17---eviction of tenant---Bona fide personal need of landlord---Objection by the tenant was that previous eviction petition was dismissed for non-prosecution--- Fresh eviction petition---Maintainability---Appellant/tenant contended that it was a financial institution (Bank) and its long standing business would be uprooted in case of eviction and that
2017 CLC 347 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2017
SHAKEEL AHMED VS ABDUL JALIL 1997 MLD 1800, 2000 SCMR 903, 2004 MLD 587, Ss. 13 & 11---Civil Procedure Code (V of 1908), S. 2 (2)---Ejectment of tenant---Bona fide personal need of landlord---Scope---Contention of tenant was that landlord had died during the proceedings and ground of personal bona fide need was not available to his legal heirs---Validity---Decree in favour of landlord did
2017 YLR 1622 PESHAWAR-HIGH-COURT
KPK · 2017
LUTFULLAH VS SHAHID INAYAT Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Civil Procedure Code --Order XVII of C.P.C. Adjournments--3 , Eviction of tenant--TERM , Wilful default--Words and , Ss. 17 & 27---Civil Procedure Code (V of 1908), O. XVII, R. 3---eviction of tenant---Wilful default---Non-issuance of show-cause notice to tenant---Non-holding
2017 YLR 1622 PESHAWAR-HIGH-COURT
KPK · 2017
LUTFULLAH VS SHAHID INAYAT Appeal--TERM , Cantonments Rent Restriction Act 1963--24 , Condonation --TERM , Eviction of tenant--TERM , Limitation Act 1908--14 , S. 24---Limitation Act (IX of 1908), S.14---eviction of tenant---Appeal---Time taken in proceedings at wrong forum---Condonation---Scope---Thirty days were required for filing an appeal in terms of S.24 of Cantonments Rent Restricti
2017 YLR 1312 PESHAWAR-HIGH-COURT
KPK · 2017
Mirza FAZAL GHANI VS BAHADAR KHAN 1992 SCMR 943, 2001 YLR 1979, Ejectment of tenant--Term , Khyber Pakhtunkhwa Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Rent deed---Payment of advance rent---Condition that amount of rent should be adjusted from the advance amount---Effect---Rent agreement was executed with the condition that monthly rent would be deducted f
2017 CLC 874 PESHAWAR-HIGH-COURT
KPK · 2017
MEHBOOB ALI alias MAQBALI VS ARBAB ATHAR KHAN S. 122--- Settlement of boundaries--- Ejectment proceedings---Procedure---Petitioner was aggrieved of proceedings initiated by Revenue authorities for recovery of excess land in his possession---Validity---Rules making power, by virtue of S.122(2) of Khyber Pakhtunkhwa Land Revenue Act, 1967, was vested in the Board of Revenue which had not been
2017 CLCN 111 PESHAWAR-HIGH-COURT
KPK · 2017
TAHIR VS JEHANGIR KHAN S. 13---Ejectment of tenant---Change of ownership of demised premises---Notice---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Dispute with regard to title of demised premises---Effect---Tenant denied relationship of landlord and tenant---Rent Controller declared the tenant as defaulter and directed for eviction from demise
2017 YLR 1762 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
TANVEER SPINNING AND WEAVING MILLS (PVT.) LTD. VS TARIQ SAEED 1986 SCMR 751, 1994 SCMR 360, 1995 MLD 1146, 1997 CLC 640, 2002 SCMR 480, 2007 SCMR 1866, 2010 MLD 1988, 2015 CLC 468, PLD 1959 Lah. 146, Applicability--Term , Discretion of Court--TERM , Ejectment of tenant--Term , Maintainability--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Ejectment of tenant---Second eviction petit
2017 YLR 1509 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
Malik ZAFAR-UL-ISLAM VS ABDUL AZEEM LATIF Application for leave to defend--Term , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , Wilful default--Words and , Ss.15 & 22(4)(6)---eviction of tenant---Wilful default---Application for Leave to defend--- Recording of evidence by Rent Tribunal without specifically allowing leave to contest--
2017 CLC 1278 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
Shaikh NAVEED IKHLAS VS Shaikh ABDUL HAFEEZ 1986 CLC 576, 1986 MLD 722, 2005 YLR 2464, 2009 SCMR 1396, 2013 YLR 344, PLD 1969 Kar. 474, PLD 1974 SC 61, PLD 2015 SC 380, Eviction petition--Term , Punjab Rented Premises Act 2009--10 , Punjab Rented Premises Act 2009--15 , Registration Act 1908--17 , Transfer of Property Act 1882--117 , Transfer of Property Act 1882--49 , Ss. 10 & 15---Trans
2017 YLRN 354 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
RAZIA KHANUM VS GHULAM NABI BHATTI S. 15---Application for eviction of tenant---Denial of tenancy by tenant---Framing of issues---Effect---Principle of approbate and reprobate---Applicability---Landlord filed ejectment petition along with recovery of rent as arrears before Rent Controller---Firstly, tenant denied relationship tenancy but during pendency of eviction petition, he handed over
2017 YLRN 294 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
MUHAMMAD AZEEM VS Syed ANWAR MASOOD ZAIDI Ss. 15 & 34---Ejectment of tenant---Default in payment of rent---Substitution of legal representative of dead person in eviction proceedings--- Scope---Contention of tenant was that eviction petition was filed against a dead person i.e. against his father which was not maintainable---Ejectment petition was accepted concurrently--- Validity---Evictio
2017 YLRN 257 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
Mst. NASEEMA BIBI VS ADDITIONAL DISTRICT JUDGE S. 19---Application for eviction of tenant---Expiry of tenancy period---Effect---Lease agreement between landlord and tenant had expired and no further tenancy was reduced into writing---Tenancy was to be considered on month to month basis after expiry of agreement of tenancy---Filing of ejectment petition was manifestation of intention of land
2017 YLRN 257 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
Mst. NASEEMA BIBI VS ADDITIONAL DISTRICT JUDGE S. 19---Civil Procedure Code (V of 1908), S.99---Application for eviction of tenant--- Recognized agent--- Status---Ejectment petition was filed by landlord/ principal through special attorney---Power of attorney was neither attested by Notary Public nor original had been produced before court---Principal had not questioned authority of agent d
2017 YLRN 231 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
MUHAMMAD SAGHIR VS ADDITIONAL DISTRICT JUDGE Ss. 24, 25 & 2(b), (h)---Punjab Urban Rent Restriction Ordinance (VI of 1959), S. 13(2)---Constitution of Pakistan, Art. 199--- Constitutional petition---Arrears of rent---Determination---Powers of Rent Tribunal---Petitioner filed eviction petition which was allowed by Trial Court directing tenant to handover possession of rented premises along w
2017 CLCN 182 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
Mrs. SADIA ISRAR VS Mrs. AFZAL YOUSAF S. 15---eviction of tenant---Personal bona fide need of landlord---Landlord had choice to plead that a particular property was required for his/her personal bona fide need---Landlord had sole prerogative to decide which premises was suitable for his/her requirements---Court to adopt a proactive role to curb unnecessary adjournments and ordinarily a matt
2017 CLCN 131 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
Dr. SAJJAD NAZIR VS SPECIAL JUDGE RENT TRIBUNAL, LAHORE Ss. 15 & 19(4)---eviction of tenant---Submission of affidavits of witnesses along with eviction petition---Tenant contended that non-submission of affidavits while filing eviction petition had precluded the landlord to submit affidavits at belated stage---Validity---Record showed that landlord moved application immediately after framin
2017 CLCN 103 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
IFTIKHAR AHMAD VS MUHAMMAD NASIR S. 15---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---Joint property---Effect---Rent Tribunal dismissed the eviction petition but Appellate Court accepted the same---Validity---Landlord would step into the shoes of vendors of suit property---Proper course for landlord in view of rival claims with regard to possession ove
2017 CLCN 21 LAHORE-HIGH-COURT-LAHORE
Punjab · 2017
SHAUKAT ALI VS ADDITIONAL RENT CONTROLLER CANTONMENT BOARD, LAHORE 1998 MLD 1073, 1999 CLC 795, 1999 SCMR 832, 2001 MLD 1681, 2001 SCMR 2020, 2004 MLD 1993, 2004 SCMR 1453, 2006 SCMR 145, 2007 CLC 556, 2007 MLD 542, 2008 CLC 87, 2009 CLC 279, PLD 1967 SC 530, PLD 2007 SC 504, PLD 2011 Lah. 531, S. 17(8) & (9)---Application for ejectment of tenant---Default in payment of rent---Tentative re
2017 YLR 2468 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
SHAMS VS ZULFIQAR HUSSAIN S. 17(2)(vi)---eviction for tenant---Plan for demolition of building by landlord---Tenant had not been able to prove that process of demolition was aimed at only to evict him, or for his eviction any undue or illegal course had been adopted by the landlord---Appeal of tenant was dismissed along with other applications.
2017 YLR 2468 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
SHAMS VS ZULFIQAR HUSSAIN S. 17(2)(i)---eviction of tenant---Default in payment of rent---Scope---Tenant did not pay rent of the shop to the landlord after he became its owner through an auction---Tenant committed willful default---Consequently appeal of tenant was dismissed along with other applications.
2017 YLR 2115 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
TELENOR PAKISTAN (PVT.) LTD. VS Mst. SURRAYYA KHATOON S. 15---Transfer of Property Act (IV of 1882), S. 107---Registration Act (XVI of 1908), Ss. 17(d) & 49---Ejectment of tenant--- Lease agreement--- Non-registration of lease agreement---Effect---Personal bona fide need of landlady---Scope---Lease for a fixed period revocable under a written notice by either party was not a lease in perpet
2017 YLR 1916 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
DAWOOD BALOCH VS MUHAMMAD SALEEM 2010 SCMR 1254, 2012 SCMR 669, 2016 MLD 624, PLD 2014 SC 347, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963--5 , Code of Civil Procedure 1908--151 , Ejectment of tenant--Term , Specific Relief Act 1877--12 , Specific Relief Act 1877--56 , Suit for specific performance of contract-
2017 YLR 1873 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
SAMIUR REHMAN VS IIND ADDITIONAL DISTRICT JUDGE, SOUTH KARACHI 1986 CLC 953, 1989 MLD 2071, 2001 YLR 58, 2002 MLD 597, PLD 1967 Kar. 449, PLD 1974 SC 351, PLD 1996 Kar. 109, Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---eviction of tenant---Sublet, proof of---Change of status of tenant---Tenant was a partnership firm which was incorporated as private limite
2017 YLR 1365 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
AMIR AHMED VS Z.A. KHAN Proof--TERM , Specific Relief Act 1877--12 , Suit for specific performance of agreement--Term , S. 12----Constitution of Pakistan, Arts. 23 & 24---Suit for specific performance of agreement---Proof---Inordinate delay of 40/45 years in disposal of the suit---Effect---Provision as to/ protection of property---Plaintiff was tenant of the suit/evacuee property prior to
2017 YLR 1221 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
Mrs. SHAHIDA VS VII-ADDITIONAL DISTRICT JUDGE, KARACHI 1986 CLC 1770, 1988 CLC 906, 1991 CLC 937, 1992 SCMR 1149, 1993 SCMR 1360, 1995 MLD 840, 2000 SCMR 632, 2000 SCMR 845, 2003 CLC 416, 2006 SCMR 1068, 2006 SCMR 1505, 2007 YLR 2982, 2007 YLR 363, 2009 MLD 144, 2010 YLR 1201, 2011 SCMR 320, 2012 YLR 1713, 2013 YLR 2526, PLD 2007 SC 504, PLD 2014 SC 347, Eviction of tenant--TERM , Sindh Rent
2017 YLR 922 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
Mst. FATIMA BEGUM VS BASHIR AHMED S.22---Executing court, duty of---Scope---Directions of High Court---Re-induction of ejected tenant---Non-execution of re-induction order of High Court---High Court had given further direction to executing court to issue writ of possession with aid of police if property was not vacated---Sole function of Executing Court was to execute the order of eviction
2017 YLR 453 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
BASHIR AHMED VS Mst. FATIMA BEGUM S. 21---Constitution of Pakistan, Art. 199--- Constitutional jurisdiction---Scope---eviction proceedings---Appeal---Scope---Issues of fact once decided after recording of evidence could be subjected to scrutiny only by the appellate forum provided under the relevant laws---Sindh Rented Premises Ordinance, 1979 was a special law and only one appeal had been
2017 YLR 262 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
ARABIAN GULF ENTERPRISES (PVT.) LTD. VS PROVINCE OF SINDH through Secretary Land Utilization Department, Karachi 2000 CLC 443, 2006 PTD 670, S. 64---Licensee's right on eviction---Scope---If licensee without any fault on his part was evicted by the grantor before he had fully enjoyed the licence, he would be entitled to recover compensation from the grantor.
2017 PLD 409 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
BRIGHTLINK MOBILE PHONE AND ACCESSORIES VS MUHAMMAD QAMAR GHANI Ss. 15 & 2(g)---Succession Act (XXXIX of 1925), S. 305---Civil Procedure Code (V of 1908), O.XXII, R.4---Ejectment of tenant---Personal bona fide need of landlord---Death of landlord---Effect---Contention of tenant was that landlord had died and right to sue did not survive to the legal heirs of the landlord who were females on
2017 MLD 2074 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
Syed FAHIMUL HASSAN VS Khawaja MOHSIN ALI Ss. 15 & 16---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Summary inquiry---Procedure---Tentative rent order, non-compliance of---Striking off defence---Scope---Tenant did not comply with the order of Rent Controller with regard to payment of a
2017 MLD 1857 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
MUHAMMAD MUSLIM VS AZEEM AHMED Ss. 15 & 18---Civil Procedure Code (V of 1908), O. I, R. 10 & S.12(2)---Ejectment of tenant---Execution petition---Conversion of application under O. I, R. 10, C.P.C. to an application under S. 12(2), C.P.C.---Scope---Execution petition was moved wherein an application for impleadment was filed which was converted into application under S.12(2), C.P.C. by the
2017 MLD 1555 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
MUHAMMAD SHAFIQUE VS IST. ADDITIONAL DISTRICT JUDGE 1988 CLC 1343, 1988 CLC 1793, 1993 MLD 469, 2000 CLC 1708, 2000 SCMR 1613, 2008 CLC 87, 2015 YLR 308, Ejectment of tenant--Term , Personal bona fide need of landlord--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment of tenant---Personal bona fide need of landlord---Scope---Rent Controller accepted the eviction petition
2017 MLD 1339 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
BARKAT ALI (deceased) through Legal Heirs VS MOHAMMAD UMER 2004 MLD 1008, 2005 YLR 1985, Appeal--TERM , Code of Civil Procedure 1908--12 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Specific Relief Act 1877--12 , Ss. 21 & 15---Civil Procedure Code (V of 1908), S. 12(2)---Specific Relief Act (I of 1877), S. 12---eviction order---Appeal---Scope---T
2017 MLD 1215 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
ALI AKBAR VS NOOR AHMED 1980 SCMR 29, 2007 SCMR 128, 2010 SCMR 1925, PLD 1973 SC 214, PLD 2001 SC 158, Ejectment of tenant--Term , Qanun-e-Shahadat Order 1984--115 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--5 , Ss. 15, 5 & 2(f)---Qanun-e-Shahadat (10 of 1984), Art. 115---Ejectment of tenant---Bona fide perso
2017 MLD 1137 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
Mrs. KATHLEEN M. AFZAL VS MOIZ SABUWALLA Bona fide personal need of landlord--Term , Default in payment of rent--Term , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--2 , Ss. 15, 16 & 2(g)---Ejectment of tenant---Tentative rent order---Default in payment of rent---Bona fide personal nee
2017 MLD 770 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
USMAN KHAN VS MUHAMMAD NAZIM 1996 SCMR 336, 2006 SCMR 562, 2014 SCMR 922, O. XLI, R. 27---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---eviction petition---Production of additional evidence before the Appellate Court---Conditions---eviction petition was allowed against which appeal was filed wherein tenant moved application for production of additional evidence which was dismisse
2017 MLD 605 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
NISAR AHMED SHEIKH VS VIITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DISTRICT SOUTH 1994 SCMR 355, 1995 MLD 1471, 2001 SCMR 338, 2001 SCMR 550, 2008 CLC 87, 2015 YLR 308, Ss. 15 & 2(g)---Ejectment of tenant---Personal bona fide need of landlord---Proof---Procedure---"Landlord"---Connotation---Contention of tenant was that landlord had not examined his son on whose behalf personal bona fide
2017 CLC 656 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
SHAHID HUSSAIN VS MOHAMMAD YOUNUS GONDAL 1991 SCMR 1029, 2010 CLC 561, 2010 SCMR 1925, 2015 CLC 310, PLD 1991 Kar. 452, S. 15---Ejectment of tenant---Default in payment of rent---Scope---eviction petition was accepted concurrently---Validity---Appellate authority was the final authority under Sindh Rented Premises Ordinance, 1979---Constitutional jurisdiction could not be invoked as a subs
2017 CLC 626 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
NAEEM NOOR MUHAMMAD VS The IIND ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH 1987 MLD 2971, 1991 MLD 349, 1994 CLC 1139, 1995 SCMR 330, 1996 MLD 1141, 1997 CLC 1186, 1999 YLR 746, 2001 SCMR 1888, 2006 SCMR 1501, 2007 SCMR 174, 2010 CLC 561, 2010 SCMR 1925, 2012 YLR 2246, 2013 YLR 1405, 2014 YLR 1901, PLD 1993 Kar. 642, PLD 2004 Kar. 502, Ss. 15, 10 & 18---Ejectment of tenant---Lease agreement-
2017 YLRN 361 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
Mst. SULTANA AHMED VS III-ADDITIONAL DISTRICT JUDGE, KARACHI (WEST) Ss. 10 & 15(2)(ii)----Constitution of Pakistan, Art. 199---Transfer of Property Act (IV of 1882), S. 105---Constitutional petition---Mode of payment of rent---Wilful default in payment of rent---Landlady/petitioner filed application for eviction of tenant/respondent under registered lease agreement executed for period of 30
2017 YLRN 334 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
MUHAMMAD YOUSUF VS Mst. RASHIDA BEGUM S.15---Oaths Act (X of 1873) ,S. 13---eviction of tenant---Administration of oath by witness---Scope---Tenant/ petitioner contended that Rent Controller used evidence of one case into other case which was illegal---Tenant further submitted that the deposition form was silent about administrating the oath---Landlord/respondent contended that Rent Control
2017 YLRN 334 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
MUHAMMAD YOUSUF VS Mst. RASHIDA BEGUM S. 15---Constitution of Pakistan, Art. 199---eviction of tenant---Payment of electricity bill(s)--- Constitutional petition--- Factual controversy involved---Scope---Tenant and landlord were at variance regarding payment of charges of electricity---District Judge had rightly come to the conclusion that there was no default in payment of electricity char
2017 YLRN 256 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
FAIZ MUHAMMAD VS CIVIL JUDGE AND JUDICIAL MAGISTRATE Ss. 133, 134 & 135---Removal of nuisance---Conditional order by Magistrate--- Show-cause notice---Necessity---Plot in question, situated in residential area was being used as taxi stand and on complaint of inhabitants of the area, Judicial Magistrate ordered eviction of the plot---Validity---Taxi stand was established on the plot without
2017 YLRN 247 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
M. ASHIQ ALI AND BROTHERS VS ASLAM PERVEZ S. 15---Constitution of Pakistan, Arts.199 & 23---Constitutional petition--- Ejectment of tenant---Personal bona fide need of landlord---Proof---Averments of eviction petition had been verified by the landlord in his affidavit-in-evidence---Demised premises was required for personal bona fide need of landlord---Statement of landlord on oath remained
2017 YLRN 244 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
GULZAR HUSSAIN VS IMRAN ALI S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Personal bona fide need of landlord---Scope---Both the courts below had examined the matter at considerable length and had also properly attended to the material placed before them---Landlord had established his case of personal bona fide need---Tenant had failed to addu
2017 YLRN 139 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
SHAH SAJJAD RAZA ABBASI VS MUHAMMAD ASIF MUFTI S. 16---eviction petition---Personal bona fide need of landlord---Default in payment of rent---Landlords sought eviction on the grounds of default in payment of rent and their personal bona fide need---Tenants contended that in a previous case by previous owner, father of tenants was directed by the court to deposit rent in the court, which ten
2017 YLRN 138 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
RIASAT ALI VS IV-ADDITIONAL DISTRICT AND SESSIONS JUDGE Ss. 15 & 16---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---Tentative rent order---Non-deposit of rent---Striking off defense--- Scope--- Rent Controller directed the tenant to deposit arrears of rent and future rent in the Court but he failed and his defence was struck off and eviction petition wa
2017 YLRN 80 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
JAMEEL-UR-REHMAN VS MASOOD HUSSIAN ANTRIA Ss. 15 & 21 (3)---eviction of tenant---Default in payment of rent---Scope---Contentions of tenant were that landlord refused to receive rent which was sent through money order thereafter, and that application for calling postman was also submitted before the Appellate Court---Validity---Both the courts below had given findings with regard to sending
2017 YLRN 74 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
ADAM BHAI VS MUHAMMAD MIRZA S. 14---eviction of tenant---Grounds---Bona fide personal need of landlord---Entire emphasis of the tenant was on the fact that the landlord had concealed about his other properties which were in his possession and which were sufficient to accommodate his entire family---Record reflected that the landlord had admitted in his evidence to have only two bungalows oc
2017 YLRN 68 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
JAVED TASNEEM VS MAQBOOL AHMED BHATTI S. 15---Ejectment of tenant---Change in the ownership of demised premises---Personal bona fide need of landlord---Scope---Landlord purchased the demised premises and he served a notice on the tenant but neither paid the rent nor vacated the premises---eviction petition was dismissed concurrently---Validity---Landlord who purchased the property was owner
2017 CLCN 228 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
STATE LIFE INSURANCE CORPORATION OF PAKISTAN VS BRITISH HEAD AND FOOTWEAR STORES Ss. 8 & 9---Constitution of Pakistan, Art. 199---Constitutional petition---Fair rent, determination and fixation of---Factors to be considered---Rent Controller had to take into consideration the rent of similar premises situated in the similar circumstances in the same or adjoining locality while fixing the fa
2017 CLCN 215 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
DELHI MERCANTILE MUSLIM COOPERATIVE HOUSING SOCIETY LIMITED KARACHI VS ALAMGIR WELFARE TRUST INTERNATIONAL Ss. 15 & 20---Specific Relief Act (I of 1877), Ss. 42 & 54---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for declaration and permanent injunction---Temporary injunction, grant of---Suit against tenant---Scope---Landlord after filing eviction petition instituted civil s
2017 CLCN 201 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
MUHAMMAD ASIF VS The VTH ADDITIONAL DISTRICT JUDGE S. 13---Qanun-e-Shahadat (10 of 1984), Arts. 114 & 115---eviction petition---Written admission of tenancy by the tenant---Tenant attributing said admission to mistake of his counsel---Relationship between parties as landlord and tenant---Estoppel, principle of---Applicability---Landlord/respondent contended that once admitting relationship
2017 CLCN 201 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
MUHAMMAD ASIF VS The VTH ADDITIONAL DISTRICT JUDGE S. 13--- eviction petition--- Grounds of subletting and encroachment---Default of payment of rent not alleged in the pleadings---Verdict of the court in favour of landlord on non-pleaded ground---Scope---Petitioner submitted that the Appellate Court had given a verdict regarding non-pleaded default, which was not lawful---Respondent contend
2017 CLCN 167 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
UNITED BANK LIMITED VS IV COURT OF ADDITIONAL DISTRICT JUDGE EAST, KARACHI S. 10----Payment of rent---Princples---Payment of accumulated rent even once paid by the tenant would make him liable to eviction.
2017 CLCN 167 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
UNITED BANK LIMITED VS IV COURT OF ADDITIONAL DISTRICT JUDGE EAST, KARACHI S. 15----eviction petition---Locus standi and maintainability---Rent proceedings in question had admittedly been instituted by the petitioner-Bank through its authorized officer who was empowered through power of attorney executed in his favour by the Executive Board of the Bank and the Executive Board was vested wit
2017 CLCN 167 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
UNITED BANK LIMITED VS IV COURT OF ADDITIONAL DISTRICT JUDGE EAST, KARACHI Ss. 15 & 10---eviction petition---Payment of rent, default in---Payment of accumulated rent, even once, would make tenant liable to eviction---Rent Controller accepted the eviction petition on ground of default in payment of rent; the appellate court dismissed the same holding that there was a practice of paying rent
2017 CLCN 167 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
UNITED BANK LIMITED VS IV COURT OF ADDITIONAL DISTRICT JUDGE EAST, KARACHI S. 10---eviction petition---Payment of rent---Landlord/tenant duties of---Tenant was under duty to pay rent to the landlord within time as required by law through any of the modes prescribed by law---Landlord was under duty to collect rent from the tenant or to remind or chase him for payment of rent.
2017 CLCN 109 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
Mst. AMNA BIBI VS VITH ADDITIONAL DISTRICT JUDGE SOUTH KARACHI S. 15---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlady---Plea of Pugree---Scope---Contention of tenant was that she had tendered rent through money order---eviction petition was dismissed by the Rent Controller but same was accepted by the Appellate Court---Validity---Tenant had failed to
2017 CLCN 86 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
MUHAMMAD MUMTAZ MIRZA VS DISTRICT AND SESSIONS JUDGE EAST AT KARACHI Ss. 14 & 15(ii)---eviction of tenant---Grounds---Bona fide personal need and default in payment of rent---Suit was decreed in favour of landlady---Appellate Court, on appeal rejected the ground of personal bona fide need and remanded matter to be decided on ground of default---Validity---Landlady who wanted to live alone,
2017 CLCN 80 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
IMRAN QADIR VS ROQIYA SULTANA 1999 SCMR 348, 2002 SCMR 429, Cantonments Rent Restriction Act 1963--17 , S. 17---eviction petition, filing of---Co-sharers---Any of the co-sharers might file a rent case against the tenant irrespective of the fact that some other co-sharer had inducted the tenant in the tenement.
2017 CLCN 80 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
IMRAN QADIR VS ROQIYA SULTANA Cantonments Rent Restriction Act 1963--17 , Eviction petition--Term , S. 17---eviction petition---Ailment of tenant---Tenant assailed eviction order for being unheard on reason of ailment after appearance---After first appearance of tenant, it took more than four months to finally decide the case---For such a long period, tenant did not pay any attention to le
2017 CLCN 75 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
ZAHEER SONS JEWELLERS VS MUHAMMAD AYAZ KHAN 1987 SCMR 2051, 1992 SCMR 1303, 2000 SCMR 531, 2001 SCMR 338, 2006 SCMR 152, 2007 SCMR 621, 2010 SCMR 1925, 2012 CLC 1195, 2013 CLC 562, PLD 2014 Sindh 194, Eviction of tenant--TERM , Personal bona fide need of landlord--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---eviction of tenant---Personal bona fide need of landlord---Scope---e
2017 CLCN 72 KARACHI-HIGH-COURT-SINDH
Sindh · 2017
SAEED ALI QURESHI VS Mst. ZUBAIDA BAI 1997 SCMR 264, 2001 YLR 1224, 2014 MLD 1304, PLD 2005 SC 34, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Eviction petition--Term , Ss. 17 & 27---eviction petition---Ground of default in payment of rent and sub-letting by tenant---Tentative rent order without holding inquiry---Scope---Tenant claimed handing o
2017 YLR 681 ISLAMABAD
ICT · 2017
ROGER LEE VS Ch. MUHAMMAD SALMAN 2009 CLC 52, 2009 SCMR 1008, 2015 YLR 2405, 2015 YLR 2543, 2016 MLD 1121, 2016 YLR 1538, Ss. 17, 19 & 25---eviction of tenant---Tentative rent order---Striking off defence---Scope---Tenant was directed to deposit arrears of rent in the Court who failed to deposit the same and eviction petition was allowed---Contention of tenant was that rent had been paid t
2017 MLD 1643 ISLAMABAD
ICT · 2017
Dr. MUHAMMAD SAEED VS Sardar MUHAMMAD AKRAM Ss. 17 & 21(6)---Ejectment of tenant---Tentative rent order---Striking off defence---Denial of relationship of landlord and tenant by the tenant---Approbation and reprobation, doctrine of---Applicability---Tenant failed to deposit tentative rent and his defence was struck off and eviction petition was allowed---Appellate Court passed order for dep
2017 MLD 1432 ISLAMABAD
ICT · 2017
MANSOOR ALI VS ADDITIONAL DISTRICT JUDGE (WEST), ISLAMABAD Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---eviction petition---Personal bona fide need of heirs of original landlord---Scope---Grounds of expiry of tenancy agreement and personal bona fide need---Tenant claimed tenancy agreement with deceased original owner---Relationship between tenant and le
2017 MLD 567 ISLAMABAD
ICT · 2017
FAROOQ AHMAD VS ADDITIONAL DISTRICT AND SESSIONS JUDGE (WEST) ISLAMABAD 1992 SCMR 1908, 1992 SCMR 917, 2004 YLR 1066, 2013 CLC 411, 2014 MLD 109, Ss. 12(2), 104 & 115 & O. XLIII, R. 1---Islamabad Rent Restriction Ordinance (IV of 2001), S. 17---eviction order allegedly based on fraud and misrepresentation---Remedy for third party---Applicability of S. 12(2) of Civil Procedure Code, 1908 be
2017 MLD 53 ISLAMABAD
ICT · 2017
MUHAMMAD AKBAR CHOHAN VS RENT CONTROLLER, ISLAMABAD 2000 SCMR 556, 2006 CLC 1579, 2016 YLR 285, PLD 2006 SC 24, PLD 2007 SC 277, PLD 2007 SC 369, Eviction of tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--24 , Islamabad Rent Restriction Ordinance 2001--25 , Islamabad Rent Restriction Ordinance 2001--26 , Islamabad Rent Restriction Or
2017 CLC 1242 ISLAMABAD
ICT · 2017
Syed USMAN KHALID VS ATTA MOHAMMAD 1990 SCMR 1688, 1993 CLC 2293, 2003 YLR 466, 2004 SCMR 1453, 2006 YLR 1389, 2007 CLC 140, 2007 CLC 234, 2007 CLC 556, 2007 CLC 579, 2008 MLD 1659, 2009 SCMR 784, 2012 YLR 1291, 2012 YLR 74, 2014 YLR 1525, 2015 YLR 2405, PLD 2006 Lah. 684, PLD 2011 SC 331, Default in payment of rent--Term , Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 200
2017 CLC 1043 ISLAMABAD
ICT · 2017
KHUSHNOOD AHMAD VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD 1974 SCMR 279, 1983 SCMR 1064, 1992 SCMR 46, 1997 SCMR 1185, 1998 SCMR 2525, 2000 MLD 82, 2001 SCMR 1434, 2001 SCMR 1700, 2002 CLC 1686, 2004 CLC 862, 2004 SCMR 711, 2006 SCMR 1068, 2006 SCMR 152, 2008 CLC 1666, 2010 MLD 1354, 2011 SCMR 320, 2012 CLC 939, 2012 YLR 1598, 2013 YLR 1881, 2013 YLR 1898, 2013 YLR 2526, 2015 CLC 107, 2016 CLC 14
2017 CLC 360 ISLAMABAD
ICT · 2017
SHAFIQUE AHMED KHAN VS RENT CONTROLLER ISLAMABAD (WEST) 1979 SCMR 619, 1992 MLD 1997, 1998 MLD 171, 1999 MLD 1342, 2009 YLR 2379, 2011 CLC 846, S. 17---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Contention of tenant was that landlady was only benami owner and relationship of landlord and tenant did not exist between the
2017 CLCN 65 ISLAMABAD
ICT · 2017
SHAFIQUE AHMED KHAN VS RENT CONTROLLER, ISLAMABAD (WEST) 1979 SCMR 619, 1992 MLD 1997, 1998 MLD 171, 1999 MLD 1342, 2009 YLR 2379, 2011 CLC 846, Default in payment of rent--Term , Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Contention of
2016 SCMR 2186 SUPREME-COURT
Supreme Court · 2016
Mian UMAR IKRAM-UL-HAQUE VS Dr. SHAHIDA HASNAIN Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 15 & 24---eviction application---Default in payment of rent raised as a ground for eviction---Denial of relationship of landlord and tenant---Order for payment of rent and other dues pending proceedings---Scope---Where default in the payment of rent was set out as
2016 SCMR 2186 SUPREME-COURT
Supreme Court · 2016
Mian UMAR IKRAM-UL-HAQUE VS Dr. SHAHIDA HASNAIN Punjab Rented Premises Act 2009--2 , Punjab Rented Premises Act 2009--24 , Ss. 24 & 2(l)---eviction application---Denial of relationship of landlord and tenant---Order for payment of rent and other dues pending proceedings---Scope---Order for payment of rent and other dues under S. 24 of the Punjab Rented Premises Act, 2009 ("the Act") could
2016 SCMR 1926 SUPREME-COURT
Supreme Court · 2016
CARPET CENTRE VS MUSTAFA FARABI TAPU JAVERI Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Commercial premises---eviction order---Bona fide personal need of landlord---Premises required for setting up a photo studio---Contention of tenant that personal need of landlord was not established in as much as landlord had claimed that he was a professional photographer but had given a
2016 PLD 730 SUPREME-COURT
Supreme Court · 2016
COMBIND INVESTMENT (PVT.) LTD. VS WALI BHAI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--3 , Ss. 2(h), 3 & 15(2) (iii) (b)---Hotel premises---Applicability of Sindh Rented Premises Ordinance, 1979---Rent Controller, jurisdiction of---Premises let out to tenant for commercial/residential purposes---Tenant using th
2016 PLD 76 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2016
MUHAMMAD IBRAHIM VS ABDUL SALAM 1989 SCMR 755, 1996 SCMR 1178, 2001 SCMR 1197, Balochistan Urban Rent Restriction Ordinance 1959--13 , Default in payment of rent--Term , Ejectment of tenant--Term , S. 13---Ejectment of tenant---Default in payment of rent---Bona fide need of landlord---Statement of attorney---Scope---Statement of landlord on oath was sufficient for acceptance of eviction p
2016 CLC 609 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2016
MUHAMMAD IBRAHIM VS NIAZ MUHAMMAD 1983 SCMR 1064, 2012 CLC 1104, 2012 CLC 341, PLD 1985 SC 1, Default in payment of rent--Term , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , -Ss. 13, 2(c) & 2(i)---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Denial
2016 YLR 1822 PESHAWAR-HIGH-COURT
KPK · 2016
MOHD ILYAS VS NAEEMULLAH Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Personal bona fide need of landlord---Denial of relationship of landlord and tenant by the tenant---Rent Controller, jurisdiction of---Scope---Relationship of landlord and tenant was denied on the ground that wife of the tenant being real sister of la
2016 YLR 293 PESHAWAR-HIGH-COURT
KPK · 2016
NAWAB ALI VS Dr. UMAIR IKRAM 2002 CLC 1391, Application for ejectment of tenant--Term , Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , S. 17---Application for ejectment of tenant---Bona fide personal need of landlord---Scope---Contention of tenant was that landlady did not appear in person before the Rent Controller and attorney was not authorized
2016 YLR 248 PESHAWAR-HIGH-COURT
KPK · 2016
MUHIB ULLAH VS ARJUMAND KHAN Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--7 , West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , Ss. 13, 7 & Preamble---Ejectment of tenant--- Subletting--- Pagri/premium---Scope---eviction petition was accepted on the ground of subletting the demised p
2016 MLD 809 PESHAWAR-HIGH-COURT
KPK · 2016
Mst. FARIDA BANO VS HAZRAT MUHAMMAD 1982 CLC 1171, 1987 CLC 1210, 2005 MLD 1232, Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitutional petition--TERM , Ejectment Proceedings--TERM , Maintainability--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Civil Procedure Code (V of 190
2016 MLD 121 PESHAWAR-HIGH-COURT
KPK · 2016
FAZAL RAZIQ VS Haji SHER ZAMAN 2004 SCMR 126, PLD 2006 SC 549, Constitutional petition--TERM , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Question of title---Scope-
2016 CLCN 53 PESHAWAR-HIGH-COURT
KPK · 2016
GHULAM HAIDER VS MASAUD 1983 SCMR 366, 2011 YLR 872, Constitutional petition--TERM , Demarcation of land--Term , Eviction petition--Term , Jurisdiction of Civil Court--TERM , Khyber Pakhtunkhwa Land Revenue Act 1967--117 , Khyber Pakhtunkhwa Land Revenue Act 1967--122 , Ss. 122 & 117---Constitution of Pakistan, Art.199---Constitutional petition---eviction petition---Demarcation of land---
2016 CLCN 49 PESHAWAR-HIGH-COURT
KPK · 2016
Mian MUHAMMAD NAVEED VS AMAN ULLAH Ejectment petition--term , Khyber Pakhtunkhwa Urban Rent Restriction Ordinance 1959--13 , S. 13(4)---Ejectment petition---eviction of tenant on the ground of bona fide personal need of landlord---Prerogative of landlord having several shops to choose shop of his choice for his personal need---Scope---Rent Controller decreed the ejectment petition in favou
2016 CLCN 49 PESHAWAR-HIGH-COURT
KPK · 2016
Mian MUHAMMAD NAVEED VS AMAN ULLAH Ejectment petition--term , Khyber Pakhtunkhwa Urban Rent Restriction Ordinance 1959--13 , S. 13(4)---Ejectment petition---eviction of tenant on the ground of bona fide need of landlord---Right of tenant to get restored the possession of suit property---Scope---Sole statement of the landlord was sufficient for his bona fide personal need as he had to use t
2016 CLC 1832 LAHORE-HIGH-COURT-LAHORE
Punjab · 2016
AYESHA MOEEN VS APPELLATE RENT TRIBUNAL/ADDITIONAL DISTRICT JUDGE, LAHORE Eviction of tenant--TERM , Grounds--Term , Punjab Rented Premises Act 2009--15 , Specific Relief Act 1877--12 , S. 15---Specific Relief Act (I of 1877), S.12---eviction of tenant---Grounds---Pendency of suit for specific performance---Pendency of a suit for specific performance on the basis of agreement to sell of th
2016 MLD 1738 LAHORE-HIGH-COURT-LAHORE
Punjab · 2016
JAMEEL AHMAD NAAZ VS SUPER ASSOCIATES PLD 2009 SC 453, Constitutional petition--TERM , Default in payment of rent--Term , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---eviction of tenant--- Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Rent Tribunal, juris
2016 MLD 1095 LAHORE-HIGH-COURT-LAHORE
Punjab · 2016
MUHAMMAD NAYAB VS ADDITIONAL DISTRICT JUDGE, RAWALPINDI Constitutional petition--TERM , Ejectment of tenant--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Transfer of Property Act 1882--106 , Ss. 15(a) & 19---Transfer of Property Act (IV of 1882), S.106---Constitution of Pakistan, Art.199---Constitutional petition---Expiry of lease agreement---Oral tena
2016 MLD 103 LAHORE-HIGH-COURT-LAHORE
Punjab · 2016
Sh. AMIR FAROOQ VS Sh. USMAN 1999 CLC 795, Eviction petition--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--7 , Ss. 7 & 15---eviction petition---Grounds for eviction---Expiry of lease, default in payment of rent and causing damage to the demised property---Leave to contest, refusal of---Tenant failed to produce any receipt showing payment of rent for period
2016 MLD 67 LAHORE-HIGH-COURT-LAHORE
Punjab · 2016
MOHAMMAD TARIQ VS SAFDAR HUSSAIN 1996 SCMR 1165, 1998 SCMR 328, 2006 MLD 1532, 2010 CLC 1590, Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--15 , Summoning of witnesses--TERM , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Application for eviction of tenant---Summoning of witness---Rent Tribunal dismissed
2016 CLCN 81 LAHORE-HIGH-COURT-LAHORE
Punjab · 2016
SHAMAS UD DIN VS ADDITIONAL DISTRICT JUDGE Application for eviction--Term , Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--8 , Punjab Rented Premises Act 2009--9 , Ss. 15, 8 & 9---Constitution of Pakistan, Art. 199---Constitutional petition---Application for eviction---No extension in the lease period was agreed---Tenant was liable to
2016 CLCN 48 LAHORE-HIGH-COURT-LAHORE
Punjab · 2016
SARFRAZ VS MUKHTAR AHMED 1983 SCMR 1064, 1991 SCMR 1376, 2007 CLC 1151, 2009 CLC 114, 2011 YLR 455, 2013 CLC 414, PLD 2007 SC 45, PLD 2009 SC 453, Constitutional petition--TERM , Ejectment of tenant--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 24 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant--- Denial o
2016 PLD 123 LAHORE-HIGH-COURT-LAHORE
Punjab · 2016
Dr. SHAHIDA HASNAIN VS Mian UMAR IKRAM UL HAQ 2009 SCMR 1396, 2010 YLR 114, 2012 YLR 2293, PLD 1991 SC 242, PLD 1999 SC 1101, PLD 2013 SC 775, Eviction of tenant--TERM , Punjab Rented Premises Act 2009--10 , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 24, 10 & 15---eviction of tenant---Denial of relationship of landlord and tenant by the tenant---Tentat
2016 YLR 2347 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
JAVAID IQBAL VS Khawaja ABDUL JALIL 1993 MLD 410, Concurrent findings--Term , Constitutional petition--TERM , Eviction petition--Term , Proof--TERM , Requirement--Term , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18--- Constitution of Pakistan, Art. 199--- Constitutional petition---eviction petition---Change of ownership---Notice to tena
2016 YLR 2347 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
JAVAID IQBAL VS Khawaja ABDUL JALIL Eviction petition--Term , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15----eviction petition---Bona fide personal need of landlord---Proof---Sole testimony of landlord was sufficient to establish his personal bona fide need for rented premises, when his statement on oath was quite consistent with averments made in ejectment application a
2016 YLR 1288 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
NASURALLAH ODHANO VS NAZIR AHMED Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--27 , Eviction petition--Term , Sindh Rented Premises Ordinance 1979--15 , O. XLI, R. 27---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---eviction petition---Production of additional evidence in the appellate court---Scope---Rent Controller dismissed ejectment petition against
2016 YLR 1193 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
Miss AFIFA VS Mrs. NUSRAT HAFEEZ 1968 SCMR 729, 1980 CLC 44, 1982 SCMR 233, 1986 CLC 1828, 1986 SCMR 261, 1987 SCMR 380, 1989 SCMR 918, 1991 SCMR 1656, 1992 CLC 980, 1992 SCMR 652, 1993 SCMR 1171, 1993 SCMR 618, 1996 CLC 1034, 1997 CLC 1260, 2000 CLC 1119, 2000 MLD 1809, 2002 CLC 166, 2003 CLC 1321, 2003 SCMR 549, 2006 CLC 1018, 2006 SCMR 219, 2006 SCMR 276, 2008 CLC 75, 2008 SCMR 236, 2009 CLC
2016 YLR 1193 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
Miss AFIFA VS Mrs. NUSRAT HAFEEZ 1992 SCMR 1152, PLD 2001 Kar. 60, Sindh Rented Premises Ordinance 1979--20 , S. 20---Powers of Rent Controller---Scope---Provisions of Civil Procedure Code, 1908 except those mentioned in S. 20 of Sindh Rented Premises Ordinance, 1979 were not invested in Rent Controller while deciding eviction application---Rent Controller had wide discretion to follow an
2016 YLR 824 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
NAEEM ZIA KHAWAJA VS Mrs. HAMEEDA NIZAMUDDIN Cantonments Rent Restriction Act 1963--17 , Eviction petition--Term , Grounds--Term , Maintainability--TERM , S. 17----eviction petition---Grounds---Bona fide personal need regarding use of commercial property by landlady's children---Maintainability---Landlady filed petition for eviction of tenant on ground of personal bona fide need for use by
2016 YLR 824 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
NAEEM ZIA KHAWAJA VS Mrs. HAMEEDA NIZAMUDDIN 2002 SCMR 1933, 2002 SCMR 789, 2013 CLC 622, Cantonments Rent Restriction Act 1963--17 , Eviction petition--Term , S. 17---eviction petition---Transfer of rented property by landlord/landlady---Validity---Landlady deposed in her cross-examination that after vacation of rented premises by tenant, she would transfer the same to her children---Hel
2016 YLR 274 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
MUHAMMAD JAMIL VS IMTIAZ AHMED 1989 SCMR 949, 1993 MLD 1809, 1994 CLC 1891, 1994 SCMR 1012, 1995 CLC 348, 1997 MLD 2262, 2005 CLC 1070, PLD 1990 SC 382, PLD 1999 SC 1101, Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Tenant could not resist
2016 YLR 120 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
Mst. JAMILA VS MUHAMMAD IQBAL 1986 CLC 1408, 2003 MLD 1033, 2008 SCMR 236, 2009 MLD 538, 2013 YLR 2541, 2014 CLC 1242, PLD 1994 SC 501, PLD 2001 SC 415, PLD 2005 SC 418, PLD 2011 SC 905, PLD 2013 SC 478, Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of
2016 CLC 1871 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
MUDASIR ILLAHI VS FAROOQUE AHMED KHAN 1987 MLD 2149, 1988 SCMR 819, 1989 SCMR 1366, 1992 SCMR 2400, 1992 SCMR 46, 1993 CLC 2370, 1996 SCMR 1178, 1998 SCMR 2119, 2001 SCMR 1197, 2002 SCMR 241, 2004 SCMR 578, 2008 SCMR 398, 2010 MLD 665, 2012 CLC 793, Eviction petition--Term , Proof--TERM , Requirement--Term , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16
2016 CLC 1871 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
MUDASIR ILLAHI VS FAROOQUE AHMED KHAN Eviction petition--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15----eviction petition---Bona fide personal need of landlord---Scope---Right of landlord---Extent---Personal bona fide need of the landlord for the premises cannot be frustrated by the tenant by dictating the landlord to use or not to use the premises to meet his bona fide require
2016 CLC 1871 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
MUDASIR ILLAHI VS FAROOQUE AHMED KHAN Eviction petition--Term , Good faith--TERM , Requirement--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15 (2) (vii)----eviction petition---Bona fide personal need of landlord---Good faith---Scope---Nature of business, disclosure of---Requirement---Law does not require that the owner of the property must disclose the nature of the business, whic
2016 MLD 1796 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
MUBARAK ALI VS MUHAMMAD ASLAM KHAN 1984 CLC 755, 1992 CLC 723, 1996 MLD 71, 1998 CLC 349, 2000 MLD 442, 2010 SCMR 1925, Eviction petition--Term , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Ss. 14 & 15----Intent and Scope of Ss.14 & 15, Sindh Rented Premises Ordinance, 1979---eviction petition---'Personal bona fide need' of landlord---Scope---Rent
2016 MLD 1509 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
ABDUL MAJEED ANJUM VS ABIDA PARVEEN 1985 CLC 2085, 1991 SCMR 1381, 1993 MLD 1631, 1994 CLC 1891, 1994 SCMR 572, 1995 CLC 1708, 2013 YLR 1673, Applicability--Term , Burden of Proof--TERM , Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(f)(j) & S. 15---Constitution of Pakistan, Art. 199---
2016 MLD 1067 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
ASIF AZEEM SHAIKH VS The STATE through Home Secretary, Sindh PLD 2009 Kar. 120, Criminal Procedure Code (Cr.P.C) 1898--173 , Pakistan Penal Code 1860--319 , S. 173---Penal Code (XLV of 1860), S. 319---Qatl-i-Khata---Disposal of case under "C" class, instead of "B"---Petitioner, was aggrieved by order of Judicial Magistrate, whereby case against him was disposed of under "C" class---Police
2016 MLD 806 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
Shaikh SULTAN AHMED VS IFTIKHARUDDIN PARACHA 1983 CLC 998, 1995 MLD 470, 1998 CLC 1987, 2001 YLR 3014, 2010 CLC 935, PLD 2009 SC 45, Constitutional petition--TERM , Eviction petition--Term , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--21 , S. 21---Constitution of Pakistan, Art. 199---Constitutional petition---eviction petition---Appeal against interim order---Maintainabi
2016 MLD 624 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
IQBAL AHMED VS MUHAMMAD NASIR 1989 MLD 4436, 1990 CLC 849, 2007 CLC 1956, 2007 CLC 1961, 2011 CLC 648, 2013 CLC 1021, 2015 CLC 663, Constitutional petition--TERM , Maintainability--TERM , Permissibility--Term , Remedy--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , Ss. 16 (1), 15 & 21(1)----Constituti
2016 MLD 358 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
MUHAMMAD YASEEN VS NIZAMUDDIN 1997 CLC 1126, 2009 YLR 1052, 2010 SCMR 1925, 2011 CLC 1389, 2011 SCMR 589, Constitutional petition--TERM , Ejectment of tenant--Term , Requirement--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Arts.199 & 23---Constitutional petition---Ejectment of tenant---Requirement---Personal bona fide need of landlord---Denial of re
2016 MLD 86 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
AHSAN ASAD VS Mrs. RUBINA NAEEM 1999 CLC 2002, 2001 YLR 3014, 2008 CLC 1087, 2008 CLC 1415, 2008 CLC 387, 2009 MLD 186, 2010 CLC 346, 2014 MLD 812, Constitutional petition--TERM , Default in payment of rent--Term , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Ss. 15 & 16----Constitution of Pakistan, Art. 199---Constitutio
2016 CLC 1348 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
IQBAL HUSSAIN VS MOAZAM ZAHEER KHAN 1989 SCMR 1366, 1992 SCMR 1152, 1994 SCMR 1507, 1999 MLD 1014, 2001 MLD 648, 2001 SCMR 1140, 2003 CLC 278, 2006 SCMR 1501, 2006 YLR 522, 2010 CLC 599, 2010 SCMR 1925, PLD 2010 SC 483, Default in payment of rent--Term , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ord
2016 CLC 1024 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
ABDUL HUSSAIN TEHIRALLY VS ADDITIONAL DISTRICT JUDGE OF COURT NO.VI, KARACHI SOUTH 1981 CLC 1091, 1982 CLC 1599, 1984 CLC 2459, 1985 MLD 419, 1986 SCMR 1873, 1987 CLC 1938, 1987 SCMR 307, 1989 CLC 1338, 1989 CLC 2003, 1989 CLC 49, 1989 CLC 494, 1989 CLC 506, 1989 SCMR 1327, 1990 MLD 337, 1991 CLC 623, 1991 MLD 1297, 1991 MLD 801, 1991 SCMR 1944, 1992 CLC 2504, 1992 MLD 1225, 1993 MLD 469, 1993
2016 PLC 201 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
RIAZ HUSSAN VS VITH CIVIL JUDGE AND JUDICIAL MAGISTRATE, KARACHI Industrial and Commercial Employment (Standing Orders) Ordinance 1968--S.O. 16 , Industrial Relations Act 2012--54 , Termination from service--Term , S.O. 16---Industrial Relations Act (X of 2012), S.54---Termination from service---Status quo order passed by National Industrial Relations Commission-eviction of employees from
2016 YLRN 82 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
WAQAR AHMED VS MUHAMMAD MUSTAFA KHAN Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment of tenant---Personal bona fide need of landlord---Scope---Contention of tenant was that landlord had more shops in the premises and requirement for personal use was based on mala fide---eviction petition was accepted concurrently---Validity---Existence of relationsh
2016 YLRN 48 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
TANVEER AHMED MALIK VS IX-SENIOR CIVIL JUDGE AND RENT CONTROLLER, KARACHI EAST 1989 CLC 2003, PLD 2012 Sindh 449, Applicability--Term , Code of Civil Procedure 1908--11 , Constitutional petition--TERM , Default in payment of rent--Term , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S. 11---Constitution of Pakistan, Art.19
2016 CLCN 155 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
USMAN VS MUHAMMAD YOUNUS GONDAL Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Change in ownership of the premises---Non-payment of rent to the new owner---eviction of tenant---Scope---Plea of pagri---Scope---Tenants had been served with notice for change in the ownership of premises---Appellate Court had discu
2016 CLCN 153 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
ABDUL WAHAB VS SAIFEE HOSPITAL Default in payment of rent--Term , Legality--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Default in payment of rent---Direct deposit of rent in court without offering to the landlord---Legality---Personal bona fide need of landlord---Scope---Tenant did not tender the rent to the landlord directly or through money order and deposited the same in
2016 CLCN 149 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
AZIZ DARUGAR VS ISRAFEEL AND SONS Civil Procedure Code --Order VI of C.P.C. Pleading Generally--17 , Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--27 , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), O. VI, R. 17 & O. XLI, R. 27---Ejectment of tenant---Non-payment of rent---Additional evidence, pro
2016 CLCN 148 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
MUHAMMAD UMAR VS The VIITH ADDITIONAL DISTRICT JUDGE, KARACHI (EAST) Sindh Rented Premises Ordinance 1979--14 , S. 14---Landlord sought eviction of tenant from the demised premises for his personal use---Ejectment petition was accepted concurrently---Validity---Landlord owned and possessed residential-cum-commercial building having two demised shops at the ground floor of the building---La
2016 CLCN 109 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
AYUB LAMBAT VS VALIKA PROPERTIES (PVT.) LTD. Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Oral rent agreement---Default in payment of electricity bill---Effect---Ejectment application was accepted on the ground of default in payment of elect
2016 CLCN 78 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
KHALID BROTHERS VS SAJID HUSAIN Ejectment of tenant--Term , Personal bona fide need of landlord--Term , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment of tenant---Personal bona fide need of landlord---Proof---Scope---Contention of landlord was that demised premises was required for his personal bona fide need---Ejectment petition was accepted concurrently---Vali
2016 CLCN 51 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
HABIB HASHIM VS Mrs. ZAHEER Bona fide personal need of landlord--Term , Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment petition---Bona fide personal need of landlord---Merely because the landlord had other tenements in the same area, would not disentitle him to seek eviction of the tenant on the ground of personal need as it was for a landlord to se
2016 CLCN 51 KARACHI-HIGH-COURT-SINDH
Sindh · 2016
HABIB HASHIM VS Mrs. ZAHEER Bona fide personal need of landlord--Term , Ejectment of tenant--Term , Sindh Cultural Heritage (Preservation) Act 1994--PREAMBLE , Sindh Rented Premises Ordinance 1979--15 , S. 15---Sindh Cultural Heritage (Preservation) Act (XII of 1994)---Ejectment of tenant---Bona fide personal need of landlord---Plea of the tenant was that the demised premises had been decl
2016 YLR 1538 ISLAMABAD
ICT · 2016
NAJEEB ULLAH KHAN VS Mst. HAMEEDA CHAUDHRY 1973 SCMR 112, 1999 SCMR 1326, 2004 SCMR 145, 2004 SCMR 1453, 2007 CLC 601, 2009 CLC 52, 2009 SCMR 1008, 2015 SCMR 642, 2015 YLR 2405, 2016 SCMR 40, Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Ejectment of tenant---Non-deposit of arrears of rent---Defence, striking off---Scope---Rent Controller directed the
2016 YLR 405 ISLAMABAD
ICT · 2016
KHUSHNOOD AHMAD VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD 1992 SCMR 46, 1994 SCMR 1012, 1998 SCMR 2525, 2000 SCMR 1305, 2001 SCMR 1001, 2007 PLC 64, 2008 CLC 1666, 2009 CLC 289, 2010 SCMR 1925, 2011 CLC 652, 2011 CLC 846, 2011 SCMR 320, 2013 MLD 118, PLD 1965 SC 90, PLD 1971 SC 124, PLD 1974 SC 134, PLD 1986 Kar. 309, PLD 2003 Quetta 11, PLD 2013 SC 775, Ejectment of tenant--Term , Islamabad R
2016 PCrLJ 672 ISLAMABAD
ICT · 2016
SAJID JAVED VS ADDITIONAL SESSIONS JUDGE (WEST) ISLAMABAD 2000 SCMR 785, 2008 PCr.LJ 719, 2010 PCr.LJ 575, 2013 PCr.LJ 953, 2014 YLR 1791, 2014 YLR 390, 2015 PCr.LJ 913, 2015 YLR 715, PLD 2007 Lah. 231, PLD 2011 Lah. 340, PLD 2015 Lah. 93, Commencement of trial--Term , Criminal Procedure Code (Cr.P.C) 1898--265-C , Criminal Procedure Code (Cr.P.C) 1898--265-D , Illegal Dispossession Act 2005
2016 MLD 1302 ISLAMABAD
ICT · 2016
FARHAD KHAN VS ASAD ZULFIQAR 1991 SCMR 1158, 1992 SCMR 46, 1993 SCMR 200, 1998 SCMR 2525, 2000 SCMR 903, 2001 SCMR 1700, 2004 SCMR 1607, 2007 SCMR 518, 2009 SCMR 1008, 2011 CLC 1844, 2011 YLR 1535, 2012 CLC 179, 2012 CLC 906, 2012 SCMR 1498, 2012 SCMR 854, 2013 CLC 963, 2015 CLC 1204, 2015 CLC 1247, 2015 YLR 2683, PLD 1968 Lah. 20, PLD 2003 SC 277, PLD 2004 SC 682, PLD 2013 Lah. 119, PLD 2013 S
2016 MLD 1302 ISLAMABAD
ICT · 2016
FARHAD KHAN VS ASAD ZULFIQAR Islamabad Rent Restriction Ordinance 2001--5 , S. 5---No written rent agreement---Effect---When there was no written rent agreement between the parties then landlord would be at liberty to institute eviction petition at any stage---Unregistered tenancy agreement did not create any right or interest.
2016 MLD 1121 ISLAMABAD
ICT · 2016
MUHAMMAD SHAHID FAHIM VS ABDULLAH TAYYAB 1981 SCMR 18, 1993 CLC 2435, 2001 YLR 2767, 2003 CLC 1819, 2004 SCMR 1070, 2007 CLC 601, 2008 MLD 1659, 2009 CLC 52, 2009 SCMR 1008, 2014 YLR 1525, 2015 YLR 2405, PLD 1988 Quetta 42, Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Ejectment of tenant---Tentative rent, non-deposit of---Defence, striking off---Scop
2016 CLC 1905 ISLAMABAD
ICT · 2016
ATIQ-UR-REHMAN VS NAJMA TABASSUM 1990 SCMR 530, 1997 CLC 1822, 2000 SCMR 556, 2003 YLR 1722, 2008 CLC 1666, 2008 CLC 547, 2010 CLC 1590, 2014 SCMR 630, 2015 CLC 663, 2015 MLD 417, 2016 MLD 624, PLD 1965 SC 459, PLD 1995 Lah. 392, Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--21 , S. 21(2)----eviction petition---Interim order passed by Rent Controller---Tenant did no
2016 CLC 1838 ISLAMABAD
ICT · 2016
MUHAMMAD ANWAR VS ADDITIONAL DISTRICT AND SESSIONS JUDGE Constitutional petition--TERM , Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Landlord had proved the grounds mentioned in the eviction petition---Tenant had failed to point out any legal or factual infirmity in t
2016 CLC 1732 ISLAMABAD
ICT · 2016
WAHEED AHMED VS BABAR KHAN 1982 SCMR 8, 1985 MLD 1530, 1989 CLC 599, 1989 CLC 604, 1989 CLC 757, 1995 SCMR 194, 1995 SCMR 730, 1999 SCMR 54, 2011 MLD 373, 2012 SCMR 954, 2013 CLC 963, 2015 YLR 2290, 2015 YLR 500, PLD 2007 SC 45, Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---eviction petition---Ejectment of tenant due to structural change in demised prem
2016 CLC 1451 ISLAMABAD
ICT · 2016
MUHAMMAD RAFIQUE VS FARIDA KHAN 2000 MLD 82, 2004 CLC 862, 2006 SCMR 1068, 2011 SCMR 320, 2013 YLR 1881, 2013 YLR 1898, 2015 CLC 1383, PLD 1991 SC 242, PLD 1999 SC 1101, Eviction of tenant--TERM , Islamabad Rent Restriction Ordinance 2001--14 , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--18 , Islamabad Rent Restriction Ordinance 2001--21 , Islam
2016 CLC 1051 ISLAMABAD
ICT · 2016
NADEEM RAZA ABBASI VS Sardar ABU BAKAR 1980 SCMR 41, 1983 CLC 2045, 1983 SCMR 1227, 1987 SCMR 2074, 1989 MLD 1174, 2008 CLC 650, 2009 SCMR 846, 2013 SCMR 314, 2015 SCMR 832, Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--6 , Lease agreement--Rule , Ss. 17 & 6---Ejectment of tenant---Lease agreement---Plea of reconstru
2016 CLC 1051 ISLAMABAD
ICT · 2016
NADEEM RAZA ABBASI VS Sardar ABU BAKAR Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---eviction petition---Lease agreement---Scope---Relationship of landlord and tenant would be governed by terms and conditions set in the lease agreement.
2016 CLC 1051 ISLAMABAD
ICT · 2016
NADEEM RAZA ABBASI VS Sardar ABU BAKAR Ejectment petition--term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Ejectment petition---Agreement to sell---Scope---Agreement to sell did not fetter right to seek eviction of tenant.
2016 CLC 474 ISLAMABAD
ICT · 2016
NADEEM YOUNAS VS ADDITIONAL DISTRICT JUDGE 1986 SCMR 751, 1988 SCMR 775, 1990 MLD 2300, 1990 MLD 2356, 1991 CLC 1134, 1991 SCMR 1185, 1992 SCMR 871, 2000 SCMR 632, 2005 CLC 1119, 2009 SCMR 846, Default in payment of rent--Term , Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , Lease agreement--Rule , S. 17---Ejectment of tenant---Default in payment of rent---Def
2015 MLD 330 SUPREME-COURT-AZAD-KASHMIR
Supreme Court · 2015
MUHAMMAD ANAYAT KHAN VS Sardar MUHAMMAD ILTAF KHAN 1996 PLC 411, 2012 MLD 1707, 2013 YLR 169, 2014 CLC 758, PLD 2009 Lah. 140, Appeal to Supreme Court--TERM , Azad Jammu and Kashmir Interim Constitution Act 1974--42 , Azad Jammu and Kashmir Rent Restriction Act 1986--14 , Competence--Term , Eviction of tenant--TERM , Necessary party--Term , S. 14---Azad Jammu and Kashmir Interim Constitut
2015 SCMR 380 SUPREME-COURT
Supreme Court · 2015
UNITED BANK LIMITED VS NOOR-UN-NISA Belated claim of ownership--Term , Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Specific Relief Act 1877--39 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Specific Relief Act 1877--8 , Ss. 8, 39, 42 & 54---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10---Suit for possession, cancell
2015 PLD 33 SUPREME-COURT
Supreme Court · 2015
MUHAMMAD AMIN LASANIA VS ILYAS MARINE AND ASSOCIATES 1991 CLC 203, 1994 SCMR 1900, PLD 1990 SC 681, Ejectment petition--term , Limitation Act 1908--First Sche , Limitation Act 1908--SCHI, 110 , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Limitation Act (IX of 1908), First Sched. Art.110--- Ejectment petition---Maintainability---Recovering of rent---Period of
2015 YLR 440 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2015
MUHAMMAD ASLAM VS MIRA JAN 1991 CLC 773, 1991 MLD 1578, 1991 SCMR 1376, 2002 SCMR 1089, 2003 SCMR 1864, 2004 SCMR 704, 2007 CLC 154, 2009 YLR 2294, 2011 SCMR 320, PLD 2006 SC 549, PLD 2007 SC 45, PLD 2011 SC 119, Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---
2015 MLD 1468 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2015
RUKHSANA HIDAYATULLAH VS Syed BAHAUDDIN Landlord and Tenant--TERM , Transfer of Property Act 1882--55 , S. 55(1) (a) & (5) (d)---Rights and liabilities of buyer and seller of the property---Scope---Landlord and tenant---Seller of the property was bound to disclose all the encumbrances, charges, dues against a property to the buyer---Buyer had prerogative to purchase the property after havi
2015 MLD 267 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2015
SINGER PAKISTAN LTD. VS NASIR ALI MEER 2013 CLC 1558, Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , Code of Civil Procedure 1908--151 , Code of Civil Procedure 1908--47 , Code of Civil Procedure 1908--94 , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , O.XXI, R. 99 & Ss. 47, 94, 151, 2(2)---West Pakistan Urban Rent
2015 CLC 620 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2015
LA GUARDIA GROUP OF COMPANIES VS ABDUL NAFEY Eviction of tenant--TERM , Limitation Act 1908--SCHI, 164 , Limitation--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Art. 164---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---eviction of tenant---Ex parte order, setting aside of---Limitation---Period of thirty days for filing an application to set aside e
2015 CLC 620 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2015
LA GUARDIA GROUP OF COMPANIES VS ABDUL NAFEY 1987 SCMR 845, PLD 1979 SC 18, Applicability--Term , Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--6 , Civil Procedure Code --Order V of C.P.C. Issues and Service of Summons--12 , Civil Procedure Code --Order V of C.P.C. Issues and Service of Summons--20 , Ejectment of tenant--Term , Limitation
2015 YLR 2570 PESHAWAR-HIGH-COURT
KPK · 2015
RIFFATULLAH JAN VS BASHIR ZADA 2004 SCMR 126, PLD 2006 SC 549, Cantonments Rent Restriction Act 1963--17 , Constitutional petition--TERM , Ejectment of tenant--Term , S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Adjournment of ejectment application sine die due to pendency of civil litigation---Scope---Question of title---Application for res
2015 YLR 2039 PESHAWAR-HIGH-COURT
KPK · 2015
Haji AKBAR KHAN VS WAJID ZAHOOR 1990 SCMR 1070, 2000 SCMR 903, 2001 SCMR 1287, 2006 SCMR 152, 2010 YLR 874, 2012 SCMR 1679, Constitutional petition--TERM , Ejectment of tenant--Term , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Pro
2015 YLR 2039 PESHAWAR-HIGH-COURT
KPK · 2015
Haji AKBAR KHAN VS WAJID ZAHOOR 1972 SCMR 47, 2001 SCMR 1801, 2002 SCMR 371, 2003 CLC 878, PLD 2001 SC 415, Concurrent findings--Term , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Maintainability--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Art. 199---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Constitutional petition--
2015 YLR 308 PESHAWAR-HIGH-COURT
KPK · 2015
MUSHTAQ AHMAD VS TAHIR ADAM 1980 SCMR 593, 1994 SCMR 355, 1996 SCMR 1178, 1997 SCMR 1062, 2001 SCMR 550, 2004 SCMR 1607, 2004 SCMR 964, 2008 CLC 87, 2011 YLR 182, PLD 1976 Kar. 832, PLD 2007 SC 31, Cantonments Rent Restriction Act 1963--17 , Eviction of tenant--TERM , S. 17---eviction of tenant---Bona fide personal need of landlord---Striking off defence of tenants---Validity---Relationsh
2015 MLD 1642 PESHAWAR-HIGH-COURT
KPK · 2015
ABDUL SAMAD KHAN VS JAMSHED 2001 SCMR 1434, Constitutional petition--TERM , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Denial of relationship of landlord and tenant by the tenant---Landlor
2015 CLC 1682 PESHAWAR-HIGH-COURT
KPK · 2015
TUFAIL VS AURANGZEB 1979 CLC 230, PLD 2009 SC 198, Burden of Proof--TERM , Partition Act 1893--4 , S. 4---Suit for possession on basis of private partition---Private Partition---Burden of proof---Co-owner, status of---eviction of co-owner---Preliminary decree, grant of---Plaintiff filed suit for possession of suit property on basis of private partition between predecessors of parties to s
2015 CLC 1247 PESHAWAR-HIGH-COURT
KPK · 2015
Malik TAHIR MEHMOOD VS NATIONAL BANK OF PAKISTAN 2001 SCMR 1197, Constitutional petition--TERM , Ingredients--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 13-A---Constitution of Pakistan, Art.199--Constitutional petition--- Application for eviction of tenant--- Ingredients--- Good faith---Default in p
2015 CLC 1014 PESHAWAR-HIGH-COURT
KPK · 2015
SHER AJMAL VS FAYYAZ RASOOL PLD 1977 Pesh. 80, PLD 2007 Lah. 385, Constitutional petition--TERM , Ejectment of tenants--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13, 13-A, 2(c) & 13(5-A)---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenants---Landlords filed eviction petit
2015 YLR 2514 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
Ch. MUHAMMAD AKRAM VS Mst. ZEBA ZAREEN 1992 SCMR 871, 2000 YLR 2716, 2004 SCMR 1852, PLD 2003 SC 477, PLD 2009 SC 453, Constitutional petition--TERM , Eviction petition--Term , Punjab Rented Premises Ordinance 2007--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---eviction petition---Default in payment of rent-- Denial of relationship of tenant and landlord---Pe
2015 YLR 1617 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
ZAHEER AHMAD BABAR VS ADDITIONAL DISTRICT JUDGE, LAHORE Constitutional petition--TERM , Ejectment petition--term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--2 , Punjab Rented Premises Act 2009--22 , S. 2(e), 15 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment petition---Joint property owned by four owners---Portion of joint proper
2015 YLR 1179 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
MUHAMMAD SAEED AKHTAR BUTT VS ADDITIONAL DISTRICT JUDGE, LAHORE PLD 1980 SC 9, PLD 2000 SC 787, PLD 2003 SC 477, Constitutional petition--TERM , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , Ss. 15 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---eviction of tenant---Default in payment of rent---Ejectment petiti
2015 YLR 1092 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
ZAFAR IQBAL VS DILSHAD AHMAD 1994 SCMR 1881, 1999 MLD 2821, 2004 CLC 582, Competency--Term , Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , S.15---Constitution of Pakistan, Art.199--Constitutional petition---Application for eviction of tenant by one of the legal heirs/owners of demised premises---Competency---Personal bona fide need of landlord---Default in payment
2015 YLR 595 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
MANZAR SHAH alias MANZAR HUSSAIN NAQVI VS Ch. SHAFQUAT HUSSAIN 1999 SCMR 1881, 2005 CLC 1700, 2005 MLD 1232, 2010 CLC 1557, 2011 MLD 1484, 2011 SCMR 1813, Constitutional petition--TERM , Default in payment of rent--Term , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment o
2015 YLR 544 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
HASSAN ALI GONDAL VS KARIM ENTERPRISES Code of Civil Procedure 1908--24 , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , S.24---Punjab Rented Premises Act (VII of 2009), Ss. 15 & 22---Constitution of Pakistan, Art. 10-A---Application for eviction of tenant---Transfer of eviction application---Bias in Rent Tribunal---Scope---Tenants filed application for transfe
2015 PLD 226 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
HASHMAT TAJ VS Mrs. SURAYYA TARIQ 1968 SCMR 828, 1986 CLC 975, 2013 PLC (C.S.) 1089, PLD 1991 SC 165, PLD 1994 Lah. 252, Appeal--TERM , Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ejectment petition--term , Maintainability--TERM , Ss. 24 & 17---Ejectment petition---Appeal---Maintainability---"Aggrieved party"---Scope---Petitioner moved applicati
2015 CLC 1546 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
Dr. MUHAMMAD AFZAL HUSSAIN VS ADDITIONAL DISTRICT JUDGE, LAHORE Eviction of tenant--TERM , Proof of relationship--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--5 , Ss. 15 & 5---eviction of tenant---Agreement between landlord and tenant---Proof of relationship---Unless a person established his title qua the suit property beyond any doubt, he would not be comp
2015 CLC 1546 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
Dr. MUHAMMAD AFZAL HUSSAIN VS ADDITIONAL DISTRICT JUDGE, LAHORE Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--5 , Tenancy agreement--Term , Ss. 15 & 5---eviction of tenant---Tenancy agreement---Scope---Person claiming himself to be owner or landlord of premises seeking eviction of tenant in ejectment petition must be equipped with a tenan
2015 CLC 1331 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
IFTIKHAR AHMAD KHAN VS MUHAMMAD QAYYUM 1986 SCMR 1267, 1989 SCMR 205, Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Application for eviction of tenant---Impleadment of party---Ejectment petition was accepted and appeal was filed wherein an application for
2015 CLC 1204 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
ASLAM ALI SHAH VS MUHAMMAD AZAM Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Landlord filed eviction petition on the grounds of violation of the terms of rent deed, subletting and personal need for his "brother"---Petition was accepted concurrently---Validity---Brother could not be included in the list of children---No
2015 MLD 1127 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
MEHMOOD AKHTAR MAQBOOL VS ADDITIONAL DISTRICT JUDGE 2012 SCMR 91, 2013 CLC 185, PLD 2009 Lah. 469, PLD 2011 Lah. 42, PLD 2012 Lah. 107, Constitutional petition--TERM , Ejectment of tenant--Term , Limitation--TERM , Punjab Rented Premises Ordinance 2007--15 , Punjab Rented Premises Ordinance 2007--21 , Punjab Rented Premises Ordinance 2007--22 , Ss. 15, 21 (1) & 22 (6)---Constitution of Pa
2015 MLD 987 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
SHAFAQ AQEEL VS SHAFQAT ALI AMJAD 2001 SCMR 338, 2009 SCMR 1077, PLD 1991 SC 242, PLD 2001 SC 149, Constitutional petition--TERM , Default in payment of rent--Term , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---eviction of tenant---Personal bona fide need of landlady---Default in payment of rent---D
2015 CLC 1009 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
Syed IRFAN ALI SHAH VS MUHAMMAD IMRAN 2008 CLC 136, 2014 SCMR 630, Eviction petition--Term , Punjab Rented Premises Act 2009--15 , S. 15---eviction petition---Personal bona fide need of landlord---Non-framing of issues---Effect---Breach of terms of rent deed by tenant---Contention of tenant was that neither any issue was framed with regard to personal bona fide need nor parties had adduce
2015 MLD 171 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
Mst. NASIRA AFRIDI VS MUHAMMAD AKBAR PLD 1996 SC 1, Ancestral property--Term , Burden of Proof--TERM , Cantonments Rent Restriction Act 1963--17 , Default in payment of rent--Term , Ejectment petition--term , Maintainability--TERM , Payment of rent--Term , Qanun-e-Shahadat Order 1984--117 , S. 17---Qanun-e-Shahadat (10 of 1984), Art. 117---Ejectment petition---Maintainability---Denial of
2015 CLC 776 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
MUHAMAD YASMIN VS Mst. NAHEED BANO PLD 1967 Kar. 35, PLD 1986 Lah. 14, PLD 1991 Lah. 1, Appeal--TERM , Constitutional petition--TERM , Ejectment of tenant--Term , Limitation--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--21 , Punjab Rented Premises Act 2009--31 , Ss. 15, 21(b) & 31---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment o
2015 CLC 606 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
KAUSAR FIRDOUS VS Mian M. ZIA Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , O. I, R. 10---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.13 & 15---Ejectment petition---Impleadment as a party---Scope---Appellants mo
2015 CLC 606 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
KAUSAR FIRDOUS VS Mian M. ZIA PLD 1991 SC 52, Appeal--TERM , Competency--Term , Eviction petition--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 15 & 13---eviction petition---Interim order---Appeal---Competency---Appeal against interim order of Rent Controller was not competent.
2015 CLC 229 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
ABDUL GHAFOOR VS ADDITIONAL DISTRICT JUDGE 2004 SCMR 1568, 2009 SCMR 784, 2010 SCMR 1071, 2010 SCMR 795, PLD 2003 SC 228, PLD 2006 SC 549, Constitutional petition--TERM , Ejectment of tenant--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 24 & 15---Constitution of Pakistan, Art. 199---Constitutional petition--- Ejectment of tenant---Default in payme
2015 YLR 2683 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
MUHAMMAD IMRAN VS GHULAM MUSTAFA 1987 SCMR 2051, 1995 SCMR 146, 1996 SCMR 1233, 2000 SCMR 542, 2001 SCMR 338, Constitutional petition--TERM , Ejectment of tenant--Term , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Personal bona fide need of landlord---Proof---Suppression of facts by t
2015 YLR 1714 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
WALI BHAI VS DISTRICT JUDGE, HYDERABAD 1991 SCMR 2300, PLD 1973 SC 236, PLD 1975 SC 331, PLD 1982 SC 465, PLD 2001 SC 514, Constitutional petition--TERM , Ejectment of tenant--Term , Lease agreement--Rule , Qanun-e-Shahadat Order 1984--117 , Qanun-e-Shahadat Order 1984--132 , Qanun-e-Shahadat Order 1984--2 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 ,
2015 YLR 124 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
Syed ALI ATHAR VS Mst. SHAHIDA FATIMA 1993 CLC 1020, 1996 SCMR 1524, 2003 YLR 2610, 2008 SCMR 236, 2008 SCMR 456, PLD 1994 SC 501, PLD 2005 SC 343, Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Ingredients--TERM , Misrepresentation and fraud--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S. 12(2)---Constitution of Pakistan
2015 CLC 1786 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
Mrs. MARYAM A. MUNIF VS Mrs. GHAZAL BUKHARI 1984 CLC 2213, 1985 SCMR 1996, 1986 CLC 1628, 1988 SCMR 819, 1990 SCMR 1070, 1990 SCMR 544, 1991 SCMR 1307, 1992 SCMR 1799, 1994 SCMR 355, 1996 SCMR 1178, 1997 CLC 905, 1997 MLD 1, 1999 SCMR 1353, 2000 CLC 1252, 2000 CLC 2005, 2000 CLC 274, 2001 SCMR 981, 2003 SCMR 1398, 2006 SCMR 145, 2009 CLC 215, 2009 CLC 279, 2010 CLC 308, 2010 CLC 447, 2010 SCMR
2015 MLD 1830 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
MUHAMMAD RAFIQ VS Dr. NAJMA BEGUM 1983 CLC 85, 1984 CLC 931, 1990 SCMR 1117, 1993 MLD 1530, 1997 CLC 992, Constitutional petition--TERM , Ejectment of tenant--Term , Requirements--Term , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 14, 15 & 21---Constitution of Pakistan, Art.199---Constitutional petiti
2015 MLD 1598 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
Syed ZAFAR ABBBAS JAFRI VS Syeda ABIDA SULTANA Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Eviction petition--Term , Parties to Suit--TERM , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , S. 14 (3) & 15---Civil Procedure Code (V of 1908), O. I, R. 10----Constitution of Pakistan, Art. 199---eviction petition---Parties to suit---Impl
2015 MLD 1577 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
Dr. MASUMA HASAN VS MUHAMMAD HAFEEZ 1997 CLC 1500, 1999 SCMR 348, 2000 CLC 1841, 2000 SCMR 1356, 2000 SCMR 1613, 2000 SCMR 1960, 2002 SCMR 241, 2002 SCMR 333, 2002 SCMR 412, 2010 CLC 365, 2010 SCMR 1915, PLD 2003 SC 277, PLD 2003 SC 280, PLD 2004 SC 465, PLD 2004 SC 489, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Arts.199 &
2015 MLD 1077 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
ABDUL WAHAB VS MUHAMMAD NAFEEZ Conditions--Term , Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Conditions---Personal bona fide need of landlord---Default in payment of rent---Good faith---Scope---Tenancy agreement between the parties for a pe
2015 CLC 1253 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
MUHAMMAD SANAWAR KHAN VS AKHTAR KHAN 1984 CLC 2135, 1988 CLC 1833, 1998 CLC 1050, 2006 SCMR 152, 2008 SCMR 398, 2009 YLR 2234, 2013 CLC 280, 2013 MLD 52, PLD 1994 SC 716, PLD 2000 Kar. 119, Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Ss. 15 & 14---Constitution of Pakistan, Art.199---Const
2015 MLD 595 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
Dr. ZAFAR SAIED SAIFY VS FEDERATION OF PAKISTAN through Secretary, Ministry of Science and Technology Constitutional petition--TERM , Sindh Public Property (Removal of Encroachment) Act 2010--3 , Sindh Public Property (Removal of Encroachment) Act 2010--4 , Sindh Public Property (Removal of Encroachment) Act 2010--8 , Ss. 3(1) 4 & 8(1)---Constitution of Pakistan, Art.199---Constitutional p
2015 MLD 216 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
SHARAFAT VS UMER HAYAT Application for ejectment--Term , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vi), (3) & (4)---Constitution of Pakistan, Art.199---Constitutional petition---Application for ejectment---Property/building required by landlord for re-construction---Claim of tenant for induction in other property of landlord---Scope---Respondent/la
2015 CLC 663 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
ABDUL FAROOQUE VS MAQSOOD AHMED 2009 MLD 144, PLD 2009 SC 45, Appeal--TERM , Constitutional petition--TERM , Ejectment of tenant--Term , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15, 16 & 21---Constitution of Pakistan, Art.199---Constitutional petition--- Maintainability--- E
2015 CLC 293 KARACHI-HIGH-COURT-SINDH
Sindh · 2015
Mst. FEROZ JAN VS IIND ADDITIONAL DISTRICT JUDGE (SOUTH), KARACHI 1981 SCMR 844, 1981 SCMR 895, 1987 SCMR 307, 1993 CLC 1815, 1996 MLD 71, 1997 CLC 1085, 1998 CLC 410, 2000 MLD 442, PLD 1985 SC 38, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Landlady filed eviction petition on the grounds
2015 YLR 2405 ISLAMABAD
ICT · 2015
Syed BILAL ADIL VS DISTRICT JUDGE WEST, ISLAMABAD 1988 SCMR 970, 2006 CLC 131, 2009 CLC 52, 2009 SCMR 1008, 2012 MLD 1002, PLD 2004 SC 690, Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17----Constitution of Pakistan, Art. 199---eviction petition---Default in payment of rent---Delay in deposit of rent in court---Principles---Landlord filed eviction petitions
2015 MLD 1740 ISLAMABAD
ICT · 2015
GHULAM ABBAS VS ADDITIONAL SESSIONS JUDGE (WEST), ISLAMABAD 2012 SCMR 854, Eviction of tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17(2) ---- eviction of tenant --- Reconstruction of building and personal bona fide need of landlord--- Effect --- Under S. 17(2) of Islamabad Rent Restriction Ordinance, 2001 seeking property on ground of reconstruction was an independen
2015 MLD 1740 ISLAMABAD
ICT · 2015
GHULAM ABBAS VS ADDITIONAL SESSIONS JUDGE (WEST), ISLAMABAD Eviction of tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S.17(2)(ii)(b) --- eviction of tenant --- Expiry of lease --- Violation of terms and conditions of agreement --- Scope --- Under Islamabad Rent Restriction Ordinance, 2001, expiry of lease was not a specific ground for eviction, however, under S. 17(2)(ii)(
2015 CLC 1383 ISLAMABAD
ICT · 2015
Dr. ARIF HAYAT VS SHER MUHAMMAD PLD 1999 SC 1101, PLD 2012 Lah. 490, Code of Civil Procedure 1908--151 , Islamabad Rent Restriction Ordinance 2001--17 , Specific Relief Act 1877--12 , S. 17---Specific Relief Act (I of 1877), S.12---Civil Procedure Code (V of 1908), S.151---Suit for specific performance of agreement to sell---Petition for ejectment of tenant---Consolidation of eviction pet
2015 MLD 143 HIGH-COURT-AZAD-KASHMIR
2015
MUHAMMAD MUBEEN KHAN VS FARZAND BEGUM 1996 MLD 355, Applicability--Term , Azad Jammu and Kashmir Interim Constitution Act 1974--44 , Azad Jammu and Kashmir Rent Restriction Act 1986--14 , Azad Jammu and Kashmir Rent Restriction Act 1986--4 , Writ Petition--TERM , Ss. 4 & 14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ petition---Scope---Laches, doctrine o
2014 SCMR 1744 SUPREME-COURT
Supreme Court · 2014
TASSADUQ HUSSAIN VS Mst. MUNEER FATIMA 2001 SCMR 1434, Cantonments Rent Restriction Act 1963--17 , Eviction of tenant--TERM , S. 17---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Relationship of landlord and tenant denied---Purported sale agreement---Failure to prove authenticity of sale agreement---Rent Controller ordered eviction of tenant/petitioner from the disputed pr
2014 SCMR 1210 SUPREME-COURT
Supreme Court · 2014
TAHIR HUSSAIN VS ILYAS AHMAD Collateral proceedings--Term , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---eviction order, interference in---Collateral proceedings---Ejectment order could not be interfered with by any civil court in collateral proceedings.
2014 PLD 347 SUPREME-COURT
Supreme Court · 2014
MUHAMMAD NISAR VS IZHAR AHMED SHAIKH 1996 SCMR 877, PLD 1989 SC 575, PLD 1991 SC 242, Sindh Rented Premises Ordinance 1979--15 , S. 15---Application for eviction of tenant---Tenant taking the plea that he had purchased the rented property from the landlord through an agreement to sell---Procedure to be followed by the tenant to take possession of such property---When the tenant put up a p
2014 MLD 740 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2014
Mst. ZOHRA VS TARIQ MURTAZA Default in payment of rent--Term , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment petition---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Contention of tenant was that landlords had no cause of action and no relationship of landlord and tenant existed between th
2014 MLD 397 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2014
MUHAMMAD KHAN VS MUHAMMAD IBRAHIM Balochistan Urban Rent Restriction Ordinance 1959--13 , S. 13(4)---Application for restoration of possession of tenant---eviction of tenant was ordered on the grounds of wilful default in payment of rent and requirement of premises by landlord for his personal use---Contention of tenant was that landlord had failed to occupy the shop in question and to sta
2014 MLD 229 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2014
MUSAWIR AHMED VS GHULAM RASOOL West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss.13 & 15---Ejectment of tenant on the ground of failure to comply with the order of Rent Controller to deposit rent in time---Scope---Landlord instituted eviction application against the appellant/tenant---Rent Controller directed the tenant/a
2014 CLC 1463 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2014
ABDULLAH VS Mst. FARZANA 1984 SCMR 755, 1997 CLC 2041, PLD 1989 SC 489, PLD 1991 SC 138, Ejectment of Tenant--TERM , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Wilful default--Term , S. 13---Ejectment of tenant--- Wilful default--- Proof--- Rent Controller allowed ejectment application and passed eviction order against tenant on the ground of wilful default in
2014 PLD 96 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2014
Syed TAJ-UD-DIN VS AKHTAR MUHAMMAD Conditions--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(4)---Restoration of possession of tenant---Conditions---Pre-conditions for getting relief under S.13(4) of West Pakistan Urban Rent Restriction Ordinance was to prove that landlord himself or a child for whose personal need the premises was required had not occupied the pre
2014 PLD 35 PESHAWAR-HIGH-COURT
KPK · 2014
MUHAMMAD NAZIR VS MUHAMMAD IQBAL 1980 SCMR 41, 1984 CLC 3011, 2001 YLR 1979, PLD 1961 SC 28, PLD 1981 SC 246, PLD 1983 SC 342, Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13---Constitution of Pakistan, Art.199---Constitutional petition---Bona fide personal need of landlord---Agreement of tenancy for specific period---eviction of tenant on th
2014 MLD 1186 PESHAWAR-HIGH-COURT
KPK · 2014
Haji MUHAMMAD ADEEL VS CANTONMENT BOARD, PESHAWAR through the Cantonment Executive Officer, Peshawar Cantt. Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--2 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--6 , Constitutional petition--TERM , Loc
2014 MLD 1186 PESHAWAR-HIGH-COURT
KPK · 2014
Haji MUHAMMAD ADEEL VS CANTONMENT BOARD, PESHAWAR through the Cantonment Executive Officer, Peshawar Cantt. 1998 SCMR 2268, PLD 1992 SC 401, Cantonments Rent Restriction Act 1963--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--2 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Re
2014 MLD 869 PESHAWAR-HIGH-COURT
KPK · 2014
ATTA ULLAH VS MUHAMMAD UMAR Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(4)---Ejectment petition---eviction of tenant on ground of bona fide personal need of landlord---Right of tenant to get restored the possession of suit property---Scope---Mere sole statement of the landlord in that behalf was sufficient for ejectment of the tenant---Ejectmen
2014 CLC 1595 PESHAWAR-HIGH-COURT
KPK · 2014
Malik SAMI ULLAH AZEEMI VS KHAYAM Constitutional petition--TERM , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art.199---Constitutional petition--Ejectment proceedings---Personal bona fide need of landlord---Reconstruction of suit premises---Scope---Non-approval of site plan for construction by the competent autho
2014 CLC 1595 PESHAWAR-HIGH-COURT
KPK · 2014
Malik SAMI ULLAH AZEEMI VS KHAYAM Constitutional petition--TERM , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment proceedings---Good faith of landlord---Determining factor of ejectment petition---Concealment of facts by landlord---Effect---Earlier ejectment petition filed
2014 CLC 151 PESHAWAR-HIGH-COURT
KPK · 2014
CHAMAN ZADA VS SHAH ZEB 1979 SCMR 443, 1980 SCMR 886, 1986 SCMR 1985, 1992 SCMR 1170, Constitutional petition--TERM , Ejectment application--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment application---Landlord and tenant, relationship of---If a tenant denies the relationship of landlord and
2014 YLR 2665 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
MAZHAR ALI QURESHI VS ADDITIONAL DISTRICT JUDGE, MULTAN Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Application for eviction of tenant---Landlord moved an application for ejectment of tenant wherein an application for leave to defend was filed which was dismissed concurrently---Contention of t
2014 YLR 2598 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
JAVED IQBAL VS Malik KHURRAM JAHANGIR 2013 SCMR 464, Constitutional petition--TERM , Ejectment of tenant--Term , Punjab Rented Premises Act 2009--15 , S.15--Constitution of Pakistan, Art.199--Constitutional petition---Ejectment of tenant---Landlord filed eviction petition which was accepted by the Rent Tribunal but same was dismissed by the Appellate Court---Validity---Application for evi
2014 YLR 2493 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
UMAR HAYAT VS MUHAMMAD AKBAR 1983 SCMR 1064, 2000 SCMR 1525, 2007 SCMR 818, 2012 CLC 51, PLD 1985 SC 1, Application for ejectment of tenant--Term , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Application for ejectment of tenant---Dispute with regard to title of property---
2014 YLR 2309 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
MUHAMMAD SHAHID VS ADDITIONAL DISTRICT JUDGE, SAHIWAL Appointment of pleader--Term , Code of Civil Procedure 1908--12 , Code of Civil Procedure 1908--151 , Code of Civil Procedure 1908--4 , Misrepresentation--Term , Punjab Rented Premises Act 2009--19 , O.R. 4, Ss. 12 (2) & 151-Punjab Rented Premises Act (VII of 2009), S.19---Application for eviction of tenant-Default in payment of rent---
2014 YLR 581 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
MUHAMMAD SHABBIR VS ADDITIONAL DISTRICT JUDGE Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Requirements--Term , Ss. 15 & 19---Constitution of Pakistan, Art. 199---Constitutional petition---eviction petition, filing of---Maintainability--- Requirements--- Non-submission of affidavit with the ejectment pet
2014 MLD 1213 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
KHALID YAQOOB VS Mst. NASREEN AFTAB 1994 SCMR 355, 2001 SCMR 599, 2002 SCMR 1933, 2002 SCMR 789, 2010 SCMR 775, 2011 YLR 82, PLD 2000 SC 67, Application for ejectment of tenant--Term , Cantonments Rent Restriction Act 1963--17 , S. 17 (4) (b) (i) (6)---Application for ejectment of tenant---Bona fide personal need of landlady---Scope---Contention of tenant was that landlady sought eviction
2014 MLD 1113 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
MUHAMMAD TAJ VS ADDITIONAL DISTRICT JUDGE, TAXILA Applicability--Term , Constitutional petition--TERM , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Qanun-e-Shahadat Order 1984--115 , Relationship of landlord and tenant--Term , S. 15---Qanun-e-Shahadat (10 of 1984), Art.115---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Relationship
2014 MLD 1113 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
MUHAMMAD TAJ VS ADDITIONAL DISTRICT JUDGE, TAXILA Constitutional petition--TERM , Default in payment of rent--Term , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 15(b) & 24(4)---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Default in payment of rent---Special Judge directed the tenant to dep
2014 MLD 1084 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
MUHAMMAD ASIF VS AMINA BIBI 2009 YLR 1024, Constitutional petition--TERM , Payment of rent--Term , Procedure--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--20 , Punjab Rented Premises Act 2009--7 , Ss. 15, 7 & 20---Constitution of Pakistan, Art. 199---Constitutional petition---Application for eviction of tenant---Payment of rent---Procedure---Ejectment peti
2014 MLD 532 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
LAEEQ AHMED KHAN VS Mst. FOUZIA ASIF PLD 1978 Lah. 1459, PLD 2011 SC 676, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Constitutional petition--TERM , Maintainability--TERM , Ss. 17 & 24---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Application for ejectment of tenant---Reasonable time---Laches, principle of--
2014 CLC 929 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
Syed GULZAR ALI SHAH VS ADDITIONAL DISTRICT JUDGE 1979 SCMR 496, 1985 SCMR 580, 2000 MLD 1345, 2004 CLC 981, 2007 SCMR 818, Constitutional petition--TERM , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Punjab Rented Premises Act 2009--24 , Ss. 15, 19 & 24(1), (2), (4)---Constitution of Pakistan, Art.199---Constitutional petition---D
2014 CLC 929 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
Syed GULZAR ALI SHAH VS ADDITIONAL DISTRICT JUDGE 1979 SCMR 496, 1985 SCMR 580, 2000 MLD 1345, 2004 CLC 981, 2007 SCMR 818, PLD 2007 SC 504, Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Punjab Rented Premises Act 2009--24 , Ss. 15, 19 & 24(1), (2), (4)---Constitution of Pakistan, Art.199---Constitutional petition---Failure of
2014 CLC 929 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
Syed GULZAR ALI SHAH VS ADDITIONAL DISTRICT JUDGE 1979 SCMR 496, 1985 SCMR 580, 2000 MLD 1345, 2004 CLC 981, 2007 SCMR 818, Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Punjab Rented Premises Act 2009--24 , Ss. 15, 19 & 24(1), (2), (4)---Constitution of Pakistan, Art.199---Constitutional petition---Tentative rent order---Defau
2014 PLD 87 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
BAKHT MUNIR VS QADIR KHAN PLD 2012 Lah. 41, Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--21 , Punjab Rented Premises Act 2009--22 , Ss. 15, 21 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---Application for eviction of tenant---Ex parte proceedings against tenant---Scope---Tenant filed applications for setting
2014 YLR 2727 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
SHAKEEL AHMED VS SENIOR CIVIL JUDGE AND RENT CONTROLLER 1973 SCMR 185, 1996 SCMR 1178, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss.2(g), 13 & 15---Constitution of Pakistan, Art.199---Constitutional petition--eviction of tenant (petitioner)---Personal bona fide need of lan
2014 YLR 2331 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
Mrs. SAMINA ZAHEER ABBAS VS HASSAN S. AKHTAR 1987 MLD 2741, 1991 SCMR 986, 1996 MLD 1895, 2008 CLC 387, PLD 1974 SC 139, PLD 1981 SC 246, PLD 1982 Kar. 107, PLD 1983 Lah. 27, PLD 1988 SC 190, PLD 1990 SC 1201, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--
2014 YLR 1901 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
MUHAMMAD ESSA GODIL VS Mst. SITARA JAMIL 2000 SCMR 498, 2001 CLC 1743, 2002 SCMR 429, 2003 MLD 480, 2004 SCMR 1342, 2006 SCMR 1068, 2007 CLC 1885, 2010 SCMR 5, 2011 SCMR 320, PLD 1975 Kar. 598, PLD 1981 SC 246, PLD 2001 SC 415, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Constitution of Pakistan, Art.1
2014 YLR 1901 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
MUHAMMAD ESSA GODIL VS Mst. SITARA JAMIL 2003 MLD 480, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss.15 & 18---Constitution of Pakistan, Art. 199---Constitutional petition---eviction petition in the grounds of personal bona fide need of landlady----Payment of pagri by tenant---Effect.
2014 YLR 1853 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
Meer MUHAMMAD SHAFIQ VS JAMIA MASJID HANFIA Eviction petition--Term , Relationship of landlord and tenant--Term , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979--8 , Ss. 8, 13, 16 & 21---eviction petition---Relationship of landlord and tenant---Tenant contended that court
2014 YLR 1787 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
FAKEER MUHAMMAD VS ABDUL JABBAR Aggrieved Person--TERM , Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 12(2)---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---eviction order of tenant, setting aside of---Misrepre
2014 YLR 884 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
INTERNATIONAL BUSINESS MANAGEMENT VS S. AZIZ AHMED 1985 SCMR 21, 1987 SCMR 216, 1991 SCMR 199, 2003 SCMR 1580, PLD 2004 SC 690, Constitutional petition--TERM , General Clauses Act 1897--10 , Sindh Rented Premises Ordinance 1979--16 , Striking off defence--Term , West Pakistan General Clauses Act 1956--9 , S.16(2)---West Pakistan General Clauses Act (VI of 1956), S.9---General Clauses Act
2014 YLR 648 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
MUHAMMAD ALI VS Vth-ADDITIONAL DISTRICT JUDGE, HYDERABAD 1993 MLD 1530, 2004 YLR 1969, 2013 CLC 853, 2013 MLD 433, PLD 1975 SC 678, Applicability--Term , Bona fide personal need of landlord--Term , Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S.12 (2)---Con
2014 PLD 295 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
Mrs. SHABANA ANJUM VS MUHAMMAD GULZAR 1976 SCMR 79, 1985 CLC 256, 1985 SCMR 893, 1992 SCMR 707, 1996 MLD 821, 1999 MLD 2132, 2000 CLC 1997, 2000 SCMR 1197, 2009 MLD 7, 2011 SCMR 1306, 2012 MLD 39, PLD 2007 Kar. 50, Constitutional petition--TERM , General Clauses Act 1897--27 , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinanc
2014 PLD 295 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
Mrs. SHABANA ANJUM VS MUHAMMAD GULZAR 1976 SCMR 79, 1985 CLC 256, 1985 SCMR 893, 1989 SCMR 1366, 1992 SCMR 707, 1996 MLD 821, 1996 SCMR 1178, 1999 MLD 2132, 2000 CLC 1997, 2000 SCMR 1197, 2001 SCMR 1197, 2007 CLC 535, 2009 MLD 7, 2011 SCMR 1306, 2012 MLD 39, 2012 SCMR 1498, PLD 2007 Kar. 50, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordi
2014 CLC 1695 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
MUHAMMAD RIAZ SHAIKH VS IFTIKHARUDDIN Burden of Proof--TERM , Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--15 , Ss. 10, 13 & 15---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Default in payment of rent---Burden of pr
2014 CLC 1695 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
MUHAMMAD RIAZ SHAIKH VS IFTIKHARUDDIN 1986 CLC 705, 1989 SCMR 1670, 1990 MLD 1667, 1992 SCMR 46, 2010 MLD 1543, Constitutional petition--TERM , Proof and procedure--Term , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--15 , Ss. 10, 13 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---eviction
2014 MLD 812 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
Mst. SHAGUFTA NASIR VS ABID HUSSAIN 1986 CLC 90, 2008 CLC 1415, Sindh Rented Premises Ordinance 1979--16 , Ss. 16(1) & (2)---Constitution of Pakistan, Art.199---Constitutional jurisdiction of High Court---Scope---Application for eviction of tenant---Failure to comply with tentative rent order passed by Rent Controller---Rent Controller directed the tenant/petitioner to deposit tentative a
2014 MLD 693 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
TARIQ ALI VS Mst. RUBINA BANO 2006 SCMR 152, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Scope---Application for ejectment of tenant---Bona fide personal need of landlady---Ejectment petition was dismissed by Rent Controller which was accepted partly by the Appellate Court on the ground of
2014 MLD 550 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
ABDUL GHAFFAR VS EJAZ ALI 1987 CLC 1113, 1987 MLD 2149, 1991 SCMR 1029, 1993 CLC 1970, 2004 CLC 1326, 2006 CLC 379, PLD 1980 Lah. 110, PLD 2004 Kar. 502, Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Judgment passed against dead person/tenant---
2014 MLD 288 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
MOHAN VS Mrs. MUHAMMAD YOUNUS BHOJAN 2000 SCMR 1613, 2001 SCMR 1197, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan, Arts.23 & 199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Ejectment application was concurrently allowed by Rent Controller and Lower Appellat
2014 MLD 23 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
MUHAMMAD ANWAR VS Mir RAFIQUE AHMED TALPUR 2006 SCMR 1068, PLD 2009 SC 71, Competency--Term , Constitutional petition--TERM , Qanun-e-Shahadat Order 1984--115 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss. 15, 2(f) & 2(j)---Qanun-e-Shahadat (10 of 1984), Art. 115---Constitution of Pakistan, Art.199---Constitutional petition---Application for eje
2014 PLD 194 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
MOINUDDIN GHORI VS ADMINISTRATOR OF M/S SAINT FRANCIS CHURCH (TRUST) 2001 SCMR 1197, Bona fide personal need of landlord--Term , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Bona fide personal need of landlord---Proof---Order of eviction would require satisfaction of Rent Controller that reasonable requirement of landlord would be met by occupation of premises---Evicti
2014 PLD 194 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
MOINUDDIN GHORI VS ADMINISTRATOR OF M/S SAINT FRANCIS CHURCH (TRUST) 1981 SCMR 528, 2010 SCMR 1925, Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---First ejectment application filed by landlord was dismissed---Second ejectment application filed b
2014 PLD 194 KARACHI-HIGH-COURT-SINDH
Sindh · 2014
MOINUDDIN GHORI VS ADMINISTRATOR OF M/S SAINT FRANCIS CHURCH (TRUST) 1989 SCMR 1366, 1993 MLD 219, 1993 SCMR 1163, 1998 CLC 410, 2000 MLD 442, 2000 SCMR 472, 2004 MLD 587, 2006 SCMR 437, 2009 CLC 291, 2010 SCMR 1925, 2012 SCMR 854, PLD 1986 Kar. 84, PLD 1999 Lah. 450, PLD 2003 Kar. 34, Bona fide personal need of landlord--Term , Ejectment petition--term , Proof--TERM , Sindh Rented Premises
2014 CLC 1291 ISLAMABAD
ICT · 2014
Mst. ZEBA SAMIN ARAIN VS RENT CONTROLLER (WEST), ISLAMABAD Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Lease agreement--Rule , S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Lease agreement---Scope---Tenant, a Deputy Headmistress---Deduction of house rent allowance by the education
2014 MLD 1422 HIGH-COURT-AZAD-KASHMIR
2014
MUHAMMAD ASLAM SHAHEEN VS RENT CONTROLLER/SENIOR CIVIL JUDGE MIRPUR 1996 MLD 355, Azad Jammu and Kashmir Interim Constitution Act 1974--44 , Azad Jammu and Kashmir Rent Restriction Act 1986--14 , Azad Jammu and Kashmir Rent Restriction Act 1986--4 , Default in payment of rent--Term , Writ Petition--TERM , Ss. 14 & 4---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44--
2013 SCMR 1520 SUPREME-COURT
Supreme Court · 2013
MIRZA BOOK AGENCY VS ADDITIONAL DISTRICT JUDGE, LAHORE Eviction petition--Term , Proof--TERM , Punjab Rented Premises Act 2009--15 , S. 15---eviction petition---Tenancy for an indefinite period on basis of pagri---Proof---Tenant's (appellant) plea that tenancy was for an indefinite period as he had paid some pagri to the predecessor-in-interest of the landlord---Rent Tribunal discarded ple
2013 SCMR 1520 SUPREME-COURT
Supreme Court · 2013
MIRZA BOOK AGENCY VS ADDITIONAL DISTRICT JUDGE, LAHORE Eviction petition--Term , Mandatory--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--8 , Punjab Rented Premises Act 2009--9 , Ss. 8, 9 & 15---eviction petition---Time limit of 2 years stipulated under S.8 of Punjab Rented Premises Act, 2009 for a landlord/tenant to bring a tenancy agreement in conformity w
2013 SCMR 1497 SUPREME-COURT
Supreme Court · 2013
SYMPHONY (PVT.) LTD. VS Haji FAZAL KARIM 1990 SCMR 647, Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Transfer of Property Act 1882--5 , Ss. 18 & 15---Transfer of Property Act (IV of 1882), S. 5---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Change of ownership---Default in payment of rent to new landlord--
2013 CLD 1687 SUPREME-COURT
Supreme Court · 2013
SYMPHONY (PVT.) LTD. VS Haji FAZAL KARIM 1990 SCMR 647, Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Transfer of Property Act 1882--5 , Ss. 18 & 15---Transfer of Property Act (IV of 1882), S.5---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Change of ownership---Default in payment of rent to new landlord---
2013 PLD 62 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2013
ABDUL HALEEM VS MIR ZAHID British Baluchistan Rent Control Regulation 1945--RGLN. , Constitutional petition--TERM , Redundant legislation--Term , West Pakistan Civil Courts Ordinance 1962--3 , West Pakistan Urban Rent Restriction Ordinance 1959--21 , West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , S. 1---West Pakistan Urban Rent Restriction Ordinance, 1959 (VI of 1959), S.
2013 MLD 882 PESHAWAR-HIGH-COURT
KPK · 2013
MERAJ UD DIN VS ALI AHMAD SIDDIQUI Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Protection to tenant--Term , S.17 (9)---Ejectment of tenant---Bona fide personal need of landlord---Protection to tenant---Scope---Provision of S. 17(9) of Cantonments Rent Restriction Act, 1963, affords sufficient protection to tenant in ca
2013 CLC 1823 PESHAWAR-HIGH-COURT
KPK · 2013
Malik SHER RODIKHEL VS KHALID AMEEN Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Demarcation of land--Term , Suit for permanent injunction--Term , West Pakistan Land Revenue Act 1967--117 , West Pakistan Land Revenue Rules 1968--RULE , S. 117-
2013 CLC 1823 PESHAWAR-HIGH-COURT
KPK · 2013
Malik SHER RODIKHEL VS KHALID AMEEN Demarcation of land--Term , Procedure--TERM , West Pakistan Land Revenue Act 1967--117 , West Pakistan Land Revenue Rules 1968--RULE , R. 67-A---West Pakistan Land Revenue Act (XVII of 1967), S.117---Demarcation of land---Powers of revenue officer---Procedure---eviction of unauthorized owner---Scope---Person claiming encroachment in his property could mo
2013 YLR 2154 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
ABDUL RASHEED VS SPECIAL JUDGE (RENT), RAWALPINDI Constitutional petition--TERM , Directory provision--Term , Punjab Rented Premises Act 2009--19 , S. 19(4)---Constitution of Pakistan, Art.199---Constitutional petition---eviction petition---Requirement of submission of affidavits by the landlord at the time of filing eviction petition---Directory provision---Landlord submitted two affidavi
2013 YLR 1881 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
MUHAMMAD PARVEZ VS ADDITIONAL RENT CONTROLLER, LAHORE 1983 SCMR 534, 1986 SCMR 1267, 1988 SCMR 250, 2004 MLD 1395, 2006 SCMR 1068, 2011 SCMR 320, Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitutional petition--TERM , Eviction of tenant--TERM , Recovery of possession--Term , Specific Relief Act 1877--42 , S.17---Specific
2013 YLR 1881 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
MUHAMMAD PARVEZ VS ADDITIONAL RENT CONTROLLER, LAHORE 2011 SCMR 320, Cantonments Rent Restriction Act 1963--17 , Eviction of tenant--TERM , Procedure--TERM , Specific Relief Act 1877--42 , S.17---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan, Art.199---eviction of tenant---Relationship of land-lord and tenant was denied by tenant---Declaratory suit for determination of
2013 YLR 1881 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
MUHAMMAD PARVEZ VS ADDITIONAL RENT CONTROLLER, LAHORE Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitutional petition--TERM , Eviction proceedings--TERM , Necessary party--Term , S. 17---Civil Procedure Code (V of 1908), O.I, R.10---Constitution of Pakistan, Art.199---Constitutional petition--eviction proceedings---Necessa
2013 MLD 1648 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
Syed TAFSIR HUSSAIN VS MUHAMMAD RASHID JANJUA 1996 SCMR 877, 2002 MLD 384, 2003 SCMR 1416, 2003 SCMR 1476, 2006 SCMR 946, 2007 MLD 1606, 2008 SCMR 1034, 2009 CLC 114, 2009 SCMR 1077, 2009 SCMR 1396, 2010 MLD 45, PLD 1991 SC 242, PLD 2006 Lah. 643, PLD 2006 Lah. 793, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Part performance--Term , Pendency of suit--Term , Speci
2013 MLD 541 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
FAISAL IKRAM VS ADDITIONAL DISTRICT JUDGE, RAWALPINDI Constitutional petition--TERM , Ejectment of Tenant--TERM , Interpretation of Documents--TERM , Lease agreement--Rule , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Interpretation of documents---Lease agreement---Ejectment of petitioner (tenant) was or
2013 MLD 371 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
Ch. MUHAMMAD ASLAM VS CIVIL JUDGE/RENT TRIBUNAL, RAJANPUR 2007 CLC 1106, 2007 CLC 1151, 2009 YLR 136, Connotation--Term , Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--2 , Punjab Rented Premises Act 2009--24 , Punjab Rented Premises Act 2009--28 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 2(b), 28 & 24---West Pakistan Urban Re
2013 MLD 319 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
WAJIH-UD-DIN VS ADDITIONAL DISTRICT JUDGE 2002 YLR 2277, 2007 SCMR 307, PLD 1995 Lah. 98, Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--24 , S. 24---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Ejectment order not challenged by original tenant either in appeal or before High Court in constitutional petition, bu
2013 MLD 209 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
AKHTAR SALEEM VS ADDITIONAL DISTRICT JUDGE 2012 YLR 148, West Pakistan Urban Rent Restriction Ordinance 1959--13-A , S.13-A---Change of ownership---Notice, non-issuance of---Effect---If formal notice, as envisaged under S.13-A of West Pakistan Urban Rent Restriction Ordinance, 1959, is not issued, ejectment petition can be considered as notice for eviction.
2013 MLD 209 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
AKHTAR SALEEM VS ADDITIONAL DISTRICT JUDGE 1980 CLC 485, 1983 CLC 1502, 1986 MLD 692, 1986 SCMR 751, 1988 CLC 1856, 1988 MLD 1502, 1988 MLD 938, 1994 MLD 2162, 1994 SCMR 572, 1995 SCMR 204, 1996 MLD 1074, 1997 SCMR 567, 2000 CLC 1656, 2000 YLR 2716, 2002 CLC 587, 2006 SCMR 1061, 2006 SCMR 1064, 2007 CLC 1106, 2007 YLR 420, 2008 SCMR 1457, 2008 YLR 24, 2010 CLC 637, 2011 CLC 546, 2012 SCMR 91, P
2013 CLC 649 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
SAEED AHMAD VS ADDITIONAL DISTRICT JUDGE, MULTAN 2001 SCMR 798, 2004 SCMR 1719, 2009 SCMR 45, 2010 YLR 203, Constitutional petition--TERM , Ejectment of Tenant--TERM , Excise and Taxation record--Term , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Landlord and tenant rel
2013 PLD 119 LAHORE-HIGH-COURT-LAHORE
Punjab · 2013
Mst. RUKHSANA BHATTI VS K & N'S FOODS (PVT) LTD. 1982 CLC 1735, 1984 CLC 3434, 1991 SCMR 1185, 1993 SCMR 200, 2006 PTD 178, PLD 1976 Kar. 832, PLD 1981 Lah. 609, Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Registration Act 1908--17 , Registration Act 1908--49 , Transfer of Property Act 1882--107 , S. 17---Transfer of
2013 YLR 2705 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
Dr. SHAHID HUSSAIN KHAN VS MAQSOOD AHMED 2005 YLR 313, Constitutional petition--TERM , Ejectment Proceedings--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment proceedings---Changing stance by landlord---Effect---Ejectment order passed by Trial Court was reversed by Appellate Court---Validity---Landlord in ea
2013 YLR 1898 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
Mrs. REFHAT HAMIDEE VS Sheikh ABDUL AZIZ Cantonments Rent Restriction Act 1963--24 , S. 24---Determination of genuineness of conveyance deed---Validity---Question about genuineness or otherwise of conveyance deed executed by the previous owner in favour of respondent/landlord fell within the domain of civil court of competent jurisdiction and not the Rent Controller---Tenant who was not pa
2013 YLR 1898 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
Mrs. REFHAT HAMIDEE VS Sheikh ABDUL AZIZ 2010 CLC 407, Cantonments Rent Restriction Act 1963--24 , Transfer of Property Act 1882--53-A , S. 24---Transfer of Property Act (IV of 1882), S.53-A---Landlord and tenant, relationship of---Appellant was inducted in the property in question as a "tenant"---Sale and purchase was alleged to have been made between the tenant and predecessor-in-intere
2013 YLR 1673 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
ABDUL MAJID VS MASHKOOR AHMED 1987 SCMR 2051, 1989 CLC 1467, 1993 CLC 1602, 2008 SCMR 398, 2010 CLC 599, 2013 CLC 88, PLD 2009 Kar. 268, PLD 2013 Sindh 25, Constitutional petition--TERM , Ejectment Proceedings--TERM , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199--- Constitutional petition---Main-tainability--- Ejectment proce
2013 YLR 705 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
NAJAM HARDWARE STORE VS IMRAN 1985 SCMR 1996, 1990 SCMR 544, 1993 CLC 505, 2001 SCMR 1700, 2006 CLC 379, 2008 CLC 431, PLD 1960 SC 266, PLD 1978 Kar. 188, PLD 1982 Kar. 790, PLD 2006 SC 214, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Eject-ment of tenant---Dema
2013 YLR 469 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
KASHIF ANWAR VS DISTRICT JUDGE, HYDERABAD 1997 CLC 205, 1998 SCMR 2092, 2001 SCMR 338, 2009 MLD 367, PLD 2007 SC 504, Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Qanun-e-Shahadat Order 1984--117 , Qanun-e-Shahadat Order 1984--120 , Sindh Rented Premises Ordinance 1979--15 , S.15---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Constitution of Pakistan, Art.
2013 YLR 344 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
MUSLIM COMMERCIAL BANK LTD. VS ABDUL GHAFFAR 1980 SCMR 184, 1985 CLC 922, 1993 CLC 290, 1997 MLD 1030, 2001 CLC 690, 2001 SCMR 338, 2006 SCMR 152, 2011 CLC 633, PLD 1971 Lah. 610, PLD 1976 SC 781, PLD 1981 SC 246, PLD 1988 SC 190, Constitution petition--Term , Ejectment--TERM , Registration Act 1908--17 , Registration Act 1908--49 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Pre
2013 CLC 1770 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
MUHAMMAD ABID VS VIITH ADDITIONAL DISTRICT JUDGE, SOUTH AT KARACHI Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Concurrent findings of fact---Petitioner claimed to be owner in possession of premises and he denied any relationship of tenant an
2013 CLC 1541 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
VICTORIA FURNITURE MART VS STATE LIFE INSURANCE CORPORATION OF PAKISTAN Bona fide personal need of landlord--Term , Constitutional petition--TERM , Sindh Cultural Heritage (Preservation) Act 1994--7 , Sindh Cultural Heritage (Preservation) Act 1994--8 , Sindh Rented Premises Ordinance 1979--15 , S. 15----Sindh Cultural Heritage (Preservation) Act (XII of 1994) Ss.7 & 8---Constitution of Pa
2013 MLD 1233 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
Mrs. GHULAM FATIMA VS Shaikh MUHAMMAD YOUSAF Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord and default in monthly rent by tenant---Proof---Tenement, selection of---Ejectment application filed by
2013 MLD 406 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
PRESTIGE TAILORS through Legal Heirs VS STATE LIFE INSURANCE CORPORATION OF PAKISTAN Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment petition---Rent enhanced by court order---Default in payment of rent---Deposit of rent in court by tenant without refusal of landlord to accept the same or sending same to him through money order---Effect---Rent might b
2013 MLD 52 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
Mst. JAMILA VS MUHAMMAD IQBAL 1988 CLC 2078, 1992 CLC 435, 2003 CLC 278, 2006 CLC 379, 2006 SCMR 152, 2012 SCMR 954, PLD 2006 Kar. 658, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Concurrent findings o
2013 PLD 245 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
MUHAMMAD ISHAQUE QURESHI VS ZAHIR HUSSAIN JAFRI 2004 MLD 587, Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment petition---Bona fide personal need by landlord---Tenant's plea to have obtained possession of demised shop from previous tenant on payment of Pagri---Failure of tenant to produce documentary evidence or examine previous tenant in support of
2013 CLC 622 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
AAMIR WAHEED VS Mrs. HALEEMA AKHTAR 1994 SCMR 355, 2000 CLC 1252, 2002 SCMR 241, 2002 SCMR 789, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ejectment of Tenant--TERM , Personal need of landlady--Term , Ss. 17(4) & 24---Constitution of Pakistan, Art.23---Ejectment of tenant ---Personal need of landlady---Ejectment of tenant from shops in question
2013 CLC 280 KARACHI-HIGH-COURT-SINDH
Sindh · 2013
MUHAMMAD ISLAM VS SAEED AHMED BUTT Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--7 , Ss. 7 & 15---Ejectment petition---Pugree-holder tenant---Tenant claiming to have paid pugree to landlord---Effect---Payment of pugree, if proved, would .be treated as fixed advance and tenant would be entitled to its refund at time of his evicti
2013 CLC 1077 ISLAMABAD
ICT · 2013
FARRUKH ZIA VS Mst. BUSHRA BEGUM Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant on grounds of bona fide personal need of landlord and expiry of lease agreement---Ejectment petition was allowed, concurrently---Contention of tenant (petitioner) was that lease agreement b
2013 CLC 963 ISLAMABAD
ICT · 2013
ZHANGE GUOGEN VS Mst. JAHANZEBA BEGUM 1998 CLC 1054, 1998 MLD 1765, 2003 CLC 44, 2003 YLR 2708, 2010 SCMR 1071, PLD 1980 SC 298, PLD 1997 SC 564, PLD 2010 SC 19, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--10 , Islamabad Rent Restriction Ordinance 2001--11 , Islamabad Rent Restriction Ordinance 2001--17 , Wilful default--Term , Ss
2012 SCMR 1931 SUPREME-COURT
Supreme Court · 2012
Mst. FAKHRA BEGUM VS Mst. SADIA ASHRAF 1984 CLC 2135, 1986 CLC 380, 1987 CLC 679, 1992 SCMR 1170, 1992 SCMR 46, 1993 MLD 707, 1995 CLC 1000, 1996 CLC 1040, 1997 SCMR 567, 2000 CLC 1813, 2000 SCMR 1960, 2010 SCMR 771, PLD 2004 SC 671, Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(i) & 13---eviction of tenant (appellant) sought on grounds of non-
2012 SCMR 1679 SUPREME-COURT
Supreme Court · 2012
FEROZUDDIN VS ADDITIONAL DISTRICT JUDGE, KARACHI EAST 1981 SCMR 1081, 2001 SCMR 1287, 2004 SCMR 1607, Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Personal bona fide need of landlord---Shop in question was required by the landlord for his son, who was residing abroad and was jobles
2012 SCMR 1498 SUPREME-COURT
Supreme Court · 2012
PAKISTAN INSTITUTE OF INTERNATIONAL AFFAIRS VS NAVEED MERCHANT 1973 SCMR 185, 1986 SCMR 650, 1986 SCMR 946, 1996 SCMR 1178, 1997 SCMR 1062, 1998 SCMR 2119, 2001 SCMR 1197, Sindh Rented Premises Ordinance 1979--13 , S. 13---eviction of tenant (respondent)---Personal bona fide need of the landlord (appellant)---Rent controller had ordered eviction of the tenant on the ground of personal bon
2012 SCMR 854 SUPREME-COURT
Supreme Court · 2012
MUHAMMAD AJMAL KHAN VS RASHID SHAFIQUE 1980 SCMR 593, PLD 1982 SC 218, Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Landlords (petitioners), sought eviction of tenant (respondent) on the grounds of demolition and reconstruction of the building and personal bona fide need---Ejectmen
2012 SCMR 854 SUPREME-COURT
Supreme Court · 2012
MUHAMMAD AJMAL KHAN VS RASHID SHAFIQUE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(vi)---Constitution of Pakistan, Art.185(3)---eviction of tenant on grounds of demolition and reconstruction of building---Scope---Contention of tenant that building was neither required by the landlords for demolition and reconstruction nor for their personal need as the building was i
2012 SCMR 854 SUPREME-COURT
Supreme Court · 2012
MUHAMMAD AJMAL KHAN VS RASHID SHAFIQUE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(vi)---eviction of tenant on grounds of reconstruction of building--- Permission , for reconstruction for such building---Scope---Provisions of S.13(2)(vi) of West Pakistan Urban Rent Restriction Ordinance, 1959, made it obligatory for the owner/landlord of the building to obtain necess
2012 SCMR 254 SUPREME-COURT
Supreme Court · 2012
HYDER ALI BHIMJI VS VITH ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) 1994 SCMR 1507, 1994 SCMR 791, 1998 SCMR 2656, 2009 SCMR 893, PLD 1974 SC 351, PLD 1982 SC 79, Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(iii)(a)--- Ejectment of tenant--- New plea, raising of---Landlord sought ejectment of tenant on the ground that he formed two independent business e
2012 SCMR 254 SUPREME-COURT
Supreme Court · 2012
HYDER ALI BHIMJI VS VITH ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(iii)(a)---Ejectment of tenant---Sub-letting of premises---Scope---Handing over of the possession of rented premises to some other person exposes a tenant to eviction, under S. 15(2)(iii)(a) of Sindh Rented Premises Ordinance, 1979---Ground of "
2012 SCMR 177 SUPREME-COURT
Supreme Court · 2012
Mst. KULSOOM NAZ VS Dr. ITIFAQ HUSSAIN 1999 MLD 1014, Applicability--Term , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Ejectment of tenant---Wilful default---Proof---Principle of acquisition/waiver--- Applicability--- Co-owner of premises sought ejectment of tenant on the ground that he failed to pay his share of rent from October, 1995 to
2012 YLR 316 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2012
HIDAYAT ULLAH PEERZADA VS KHALID ZAMAN 1996 SCMR 1178, 2000 MLD 87, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Ejectment of tenant was sought on the ground of personal bona fide need of landlord as well as his son; who were jobless and were not occupying any area in which the shops in question were situ
2012 YLR 148 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2012
SHAH MIR VS GHULAM HUSSAIN 1992 SCMR 1170, Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 13-A---Ejectment petition---Bona fide personal need of landlord and default in payment of rent by tenant---Tenant's plea that landlord had not issued notice regarding transfer of ownernship of d
2012 YLR 148 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2012
SHAH MIR VS GHULAM HUSSAIN 1992 SCMR 1170, Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment petition---Default in payment of rent by tenant, ground of---Tenant's denial of relationship of landlord and tenant between parties---Effect---Such relationship once proved, then no other course would be left for Rent Controller except to order
2012 MLD 673 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2012
MOHI UD DIN VS MUHAMMAD IFTIKHAR SIDDIQUE Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--4 , Illegal Dispossession Act 2005--5 , Illegal Dispossession Act 2005--7 , Ss. 3, 4, 5 & 7---Prevention of illegal possession of property, investigation and procedure, eviction and mode of recovery as an interim relief---Petitioner claimed to be bona fide purchaser of the property
2012 CLC 809 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2012
IBRAR HUSSAIN VS ABDUL KARIM Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2 & 13---Ejectment proceedings---Appellant alleging husband and wife to be his tenants, sought their eviction from first floor of demised premises---Denial of relationship of landlord and tenant by wife claiming to
2012 CLC 906 PESHAWAR-HIGH-COURT
KPK · 2012
Dr. ABDUL BASIT VS ADDITIONAL DISTRICT JUDGE-II, ABBOTTABAD Constitutional petition--TERM , Good faith--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 (3) & 13(4)---Constitution of Pakistan, Art. 199---Constitutional Petition---Ejectment of tenant on ground of bona fide personal need of landlord---Concurrent dismissal of ejectment petition---Good faith---Contention
2012 PLD 305 LAHORE-HIGH-COURT-LAHORE
Punjab · 2012
ABDUL WAHAB VS ADDITIONAL SESSIONS JUDGE, OKARA Constitutional petition--TERM , Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--5 , Illegal Dispossession Act 2005--7 , Ss. 3, 5 & 7---Constitution of Pakistan, Art.199---Constitutional petition--- Prevention of illegal possession of property, investigation and procedure, eviction and mode of recovery as an interim relief-
2012 YLR 2892 LAHORE-HIGH-COURT-LAHORE
Punjab · 2012
ABDUL GHANI VS MUHAMMAD YASIN Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 13-A---Ejectment of tenant---Illegal possession---Relation of landlord and tenant---Scope---Landlord sought recovery of possession of premises from tenant on the ground of default in payment of monthly rent-
2012 YLR 2293 LAHORE-HIGH-COURT-LAHORE
Punjab · 2012
Syed BAHADURALI SHAH VS ADDITIONAL DISTRICT JUDGE 2004 MLD 577, PLD 2008 Lah. 250, Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Act 2009--5 , S.5---Constitution of Pakistan, Art.199--Constitutional petition---Ejectment of tenant---Tenancy agreement, expiry of---Filing of civil suit---Concurrent findings of fact by two courts below---Tenancy agreement
2012 YLR 2107 LAHORE-HIGH-COURT-LAHORE
Punjab · 2012
MUHAMMAD MUSHTAQ VS Mian MUHAMMAD IQBAL 1983 SCMR 1064, 1995 SCMR 678, 2004 MLD 577, 2011 MLD 351, 2012 YLR 148, PLD 1985 SC 1, PLD 1999 SC 1101, Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Act 2009--9 , S.9---Constitution of Pakistan, Art.199--Constitutional petition---Ejectment of tenant---Tenancy agreement, expiry of---Relationship of landlord and
2012 CLC 764 LAHORE-HIGH-COURT-LAHORE
Punjab · 2012
Ch. MUHAMMAD NAZIR CHEEMA VS MUJAHID SHER DIL, DCO/CHAIRMAN, DISTRICT TASK FORCE, SIALKOT 1997 SCMR 1020, 1998 SCMR 2386, 2009 SCMR 1018, 2010 PLC (C.S.) 266, 2010 SCMR 1301, 2011 PLC (C.S.) 799, PLD 2010 Kar. 182, PLD 2010 Lah. 546, PLD 2010 SC 61, Constitutional petition--TERM , Dispossession--Term , Executive Order--TERM , West Pakistan Land Revenue Act 1967--117 , West Pakistan Land Reve
2012 CLC 51 LAHORE-HIGH-COURT-LAHORE
Punjab · 2012
Sheikh MUHAMMAD KHALID VS MUHAMMAD RAFIQ ANWAR 1983 SCMR 1064, 1992 SCMR 1352, 1993 CLC 1074, 1994 SCMR 572, 1997 SCMR 315, PLD 1985 SC 1, Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(6) & 15(6)---Ejectment petition---Default in payment of rent, ground of---Denial of relationship of la
2012 CLD 1957 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
Mst. PATHANI VS HABIB BANK LIMITED Eviction of tenant--TERM , Financial Institutions (Recovery of Finances) Ordinance 2001--15 , Financial Institutions (Recovery of Finances) Ordinance 2001--22 , Ss. 15 & 22---Sale of mortgaged property---eviction of tenant---Banking Court, powers of---Appellant resisted execution of decree on the plea that she was bona fide tenant in mortgaged property an
2012 CLD 1957 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
Mst. PATHANI VS HABIB BANK LIMITED Financial Institutions (Recovery of Finances) Ordinance 2001--15 , Pre-conditions--Term , S. 15(6) proviso---Sale of mortgaged property---Tenant, eviction of--- Protection--- Pre-conditions--- Protection provided under proviso to S.15(6) of Financial Institutions (Recovery of Finances) Ordinance, 2001, is available only to such person who is in occupation
2012 PLD 390 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
GULZAR ALI VS STATION HOUSE OFFICER, P.S. KANDIARO Illegal Dispossession Act 2005--7 , Interim Relief--TERM , S. 7---eviction and recovery of possession---Interim relief---Object and scope---Provisions of S.7 of Illegal Dispossession Act, 2005, have been enacted only to hand over possession to owner or occupier---Such powers can only be exercised during trial when court is satisfied that a
2012 YLR 2376 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
Mst. SADIA ASHRAF VS DISTRICT AND SESSIONS JUDGE, (EAST) KARACHI 2009 YLR 2234, 2009 YLR 474, PLD 1981 SC 246, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss.2(i) & 15---Constitution of Pakistan, Art.199--.Constitutional petition---eviction of tenant on ground of default in payment of rent---Concurrent dismissal of t
2012 YLR 2354 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
Mst. FATIMA VS Mst. SHARIFA BAI Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--16 , S.16---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant on ground of default in payment of rent---Tenant (petitioner) assailed orders of the Appellate Court whereby he was directed to vacate the premises---Validity---Petitioner, had for the first time,
2012 YLR 1734 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
CAPTAIN PQ CHEMICAL INDUSTRIES (PVT.) LTD. VS VITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI 1985 CLC 332, 1985 SCMR 1972, 1986 CLC 681, 1989 CLC 1926, 1989 CLC 870, 1989 MLD 3559, 1992 CLC 723, 2005 PTD 1189, 2009 PTD 910, 2010 CLC 365, PLD 2000 SC 787, PLD 2001 Kar. 389, PLD 2006 Kar. 593, Civil Procedure Code --Order II of C.P.C. Frame of Suit--2 , Constitutional petition--TERM , Si
2012 YLR 1291 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
GHULAM MUHAMAMD VS Mrs. MUSTAFA KAZMIE Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss.17 & 24---eviction of tenant on ground of default in payment of rent---Tenant (appellant) challenged order of Rent Controller whereby his eviction from the premises was ordered for failure to comply with the order to deposit the monthly rent---Validity---Order o
2012 YLR 438 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
BILAL VS VITH A.D.J. (South), Karachi 1985 CLC 1606, 1985 CLC 3018, 1992 SCMR 1149, 1999 MLD 3031, 2011 SCMR 320, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--16 , Ss.16(1) & (2)---Constitution of Pakistan, Art. 199---Constitutional petition---Specific performance of agreement to sell---Denial of relationship of landlord and tenant---Striking off defence---Tentati
2012 YLR 296 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
KHAZAN TECH. (PVT.) LTD. VS Syed FAYYAZ AHMED SHAH 1987 SCMR 1957, 1988 CLC 514, 1992 SCMR 1152, 1998 SCMR 1067, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ejectment of Tenant--TERM , Ss. 17 & 24---Ejectment of tenant---Ex parte order---Tenant assailed ex parte eviction order on the ground that he was not served properly---Validity---Rent Contr
2012 YLR 83 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
Syed ABID ALI VS MUHAMMAD SHAKIR HUSSAIN 1990 CLC 904, 2008 CLC 431, 2010 MLD 1543, Constitutional petition--TERM , Ejectment of Tenant--TERM , Power of Attorney--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss.15 & 18---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Change of owner---Tender of rent---Po
2012 YLR 74 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
Mrs. GHAZALA IFTIKHAR VS CONTROLLER/ADDITIONAL CONTROLLER OF RENTS 2001 SCMR 671, Appeal--TERM , Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ejectment of Tenant--TERM , Ss.17 & 24---Appeal---Ejectment of tenant---Default in payment of monthly rent---Contention of landlord was that tenancy agreement had provided that rent was payable in advance o
2012 PLD 23 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
NAVEED MERCHANT VS PAKISTAN INSTITUTE OF INTERNATIONAL AFFAIRS through Accountant 1995 MLD 323, Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , Societies Registration Act 1860--6 , S. 15---Societies Registration Act (XXI of 1860), S.6---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---B
2012 CLC 1897 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
MUHAMMAD PARVAIZ VS MUHAMMAD HANIF Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Jurisdiction--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art.199---Constitutional petition---eviction order, setting aside of---Jurisdiction---Ejectment application filed by landlord was allowed by Rent Co
2012 MLD 1081 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
Mst. SAKINA VS Mst. YASMIN TAJ Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent---eviction was ordered concurrently by the courts below---Validity---Tenant by her own admission did not make payment for water and conservatory charges, a
2012 MLD 145 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
Syed MUDDASSIR ALI RIZVI VS NAJEEB MALIK 1983 CLC 380, 1983 SCMR 1064, 1987 CLC 2008, 1989 SCMR 2042, 1990 SCMR 973, 1991 CLC 773, 1992 SCMR 917, 1994 CLC 1302, 1994 CLC 1323, 1995 MLD 303, 1999 MLD 1607, PLD 1991 SC 197, PLD 1994 Kar. 177, Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Pr
2012 CLC 1195 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
Haji MUHAMMAD SAEED VS Mst. BANO BEGUM Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Ss. 10 & 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent and bona fide personal need of landlord---eviction of tenant (petitioner) was allowed concurrently
2012 CLC 793 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
ABDUL FAYYAZ KHAN VS IIIrd ADDITIONAL DISTRICT JUDGE, KARACHI, SOUTH 1970 SCMR 471, 1999 CLC 892, 2000 SCMR 472, 2003 MLD 131, 2006 CLC 379, 2006 SCMR 437, 2011 SCMR 290, Constitutional petition--TERM , Ejectment application--Term , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment application
2012 CLC 779 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
Mst. BUSHRA VS Mst. BUSHRA Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Chief Court Rules--RULE , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Sindh Chief Court Rules (O.S.), Rr.105, 106 & 107---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Ex parte order---Service of process---Refusal to accept process---Rent Control
2012 PLD 203 KARACHI-HIGH-COURT-SINDH
Sindh · 2012
REHAN AHMED VS Mrs. NADRA ISRAR Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan, Art.199---Constitutional Petition-Ejectment of tenant---Bona fide personal need---Change in circumstances---Death of landlord---Effect---Tenant assailed eviction order on' the ground that after death of landlord, pl
2012 PCrLJ 731 ISLAMABAD
ICT · 2012
Mufti PERVAIZ MANZOOR VS State 2000 SCMR 122, 2005 PCr.LJ 1681, 2008 SCMR 76, PLD 1997 SC 275, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Criminal breach of trust--TERM , Pakistan Penal Code 1860--406 , Art. 199---Penal Code (XLV of 1860), S. 406---Constitutional petition---Criminal breach of trust---Quashing of F.I.R.---Complainant was tenant of petitioner, agai
2012 MLD 1002 ISLAMABAD
ICT · 2012
SHAHAB-UD-DIN VS ZUBAIR ASLAM 2006 SCMR 1630, 2010 SCMR 1443, PLD 1961 Lah. 601, Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent was ordered concurrently by the courts below---Tenant contended that prior to the filing of the eje
2012 MLD 689 ISLAMABAD
ICT · 2012
Sheikh IJAZ AHMED VS ZUBAIR ASLAM 1992 SCMR 1149, 2006 SCMR 1630, 2010 SCMR 1443, PLD 1961 Lah. 601, PLD 1974 Quetta 1, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--2 , Islamabad Rent Restriction Ordinance 2001--7 , Ss. 2(k) & 7(3)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Rent Controlle
2012 CLC 1973 ISLAMABAD
ICT · 2012
MUHAMMAD JAMEEL VS NASEER AHMAD BHUTTA 1995 CLC 315, 2012 SCMR 377, PLD 1975 Quetta 39, PLD 1979 Lah. 132, Constitutional petition--TERM , Ejectment application--Term , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--24 , Islamabad Rent Restriction Ordinance 2001--25 , Ss. 17, 24 & 25---Constitution of Pakistan, Art.199---Constitutional petition-
2012 CLC 1257 ISLAMABAD
ICT · 2012
NADEEM ASGHAR VS Dr. Sheikh SIRAJ-UL-HAQUE 1991 CLC 53, 2005 MLD 1184, 2006 SCMR 145, 2006 SCMR 152, 2008 SCMR 398, 2010 SCMR 1925, 2010 SCMR 837, 2011 CLC 1606, 2011 SCMR 487, Bona fide personal need--Term , Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Proof--TERM , S. 17---Constitution of Pakistan, Art.199---Constitutional p
2011 SCMR 1009 SUPREME-COURT
Supreme Court · 2011
MUBASHIR AHMAD VS Syed MUHAMMAD SHAH Limitation Act 1908--SCHI, 113 , Proof--TERM , Qanun-e-Shahadat Order 1984--117 , Specific Relief Act 1877--12 , S. 12---Qanun-e-Shahadat (10 of 1984), Art. 117---Limitation Act (IX of 1908), Art. 113---Suit for specific performance of oral agreement to sell land---Defendant alleging transaction entered between parties in year 1973 to be for lease of la
2011 PLD 331 SUPREME-COURT
Supreme Court · 2011
IBRAHIM TRUST, KARACHI VS SHAHEEN FREIGHT SERVICES Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(ii), proviso---Default in payment of rent by the tenant---Application to Rent Controller---Scope---Provision of S.15(2)(ii) of the Sindh Rented Premises Ordinance, 1979 provides two eventualities for the purpose i.e. where the time for payment of rent is fixed by mutual agreement between
2011 PLC 307 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
MAHMOOD HUSSAIN LARIK VS MUSLIM COMMERCIAL BANK LIMITED 1985 SCMR 401, 1990 SCMR 1621, 1992 SCMR 1181, 1992 SCMR 1891, 1993 SCMR 488, 1993 SCMR 511, 1997 SCMR 1630, 2003 SCMR 875, 2005 SCMR 1371, PLD 1961 SC 349, PLD 1974 SC 22, PLD 1988 SC 416, PLD 2003 SC 315, Constitution of Pakistan 1973--185 , Maintainability--TERM , Art. 185(2)(d)(e) & (3)--- Appeal to Supreme Court---Maintainabilit
2011 CLC 1844 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2011
MAHESH KUMAR CHAWALA VS Haji ABDUL KARIM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(2)(ii)(a), (3)(a) & 15---Ejectment of tenant on grounds of subletting by tenant and personal bona fide need of landlord for his son---Landlord had not mentioned as to which of his sons was jobless, for whom the shop was required
2011 CLC 1613 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2011
Haji HUSSAIN KHAN VS Haji ABDULLAH JAN Code of Civil Procedure 1908--115 , Determination--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Civil Procedure Code (V of 1908), S.115---Ejection of tenant---Relationship of landlord and tenant---Determination---Subletting of premises---Tenant without permission of landlord sublet the premises and put petitioners in posses
2011 CLC 1606 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2011
MEHMOOD KHAN VS MUHAMMAD IBRAHIM Ejectment of Tenant--TERM , Pleadings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Pleadings---Bona fide personal need---Non-mention of intended business---Effect---eviction application cannot be dismissed on the ground that specific business, intended to be started and carried on in premises in question, i
2011 CLC 1606 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2011
MEHMOOD KHAN VS MUHAMMAD IBRAHIM Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Bona fide personal need---Old age of landlord---Allegation of selling the property by landlord---Ejectment application was filed by landlord on the ground of personal need and the same was allowed by Rent Controller passing eviction order agai
2011 PLD 238 PESHAWAR-HIGH-COURT
KPK · 2011
Mst. SHAGUFTA SHAHEEN VS MUHAMMAD ISMAIL QURESHI Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)---Ejectment of tenant---Tentative rent order---Object, purpose and scope---Sort of security is provided under such order to landlord for early decision of litigation and to save him from further expensive course of instituting a separate suit for r
2011 CLC 477 PESHAWAR-HIGH-COURT
KPK · 2011
AZIZ-UR-REHMAN VS QURBAN ALI 1985 MLD 1485, 1989 SCMR 1847, 1996 SCMR 1178, 1997 SCMR 1062, PLD 1983 Pesh. 67, PLD 1987 Lah. 280, Constitutional petition--TERM , Eviction proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 13(2)(vi), 13-A & 2(c
2011 PLD 531 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
MUHAMMAD NAWAZ SHEIKH VS MANZAR HASSAN 1988 CLC 245, 1998 CLC 1054, 2010 SCMR 1071, Constitutional petition--TERM , Ejectment Proceedings--TERM , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--24 , Ss. 19 & 24(4)---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment proceedings---Wilful default---Scope---Order for deposit of arrears
2011 PLD 311 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
EHSAN ABBAS VS KHUSH ABBAS Constitutional petition--TERM , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Ss. 15 & 19(4)---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Rent Tribunal rejected tenant's objection to submission of affidavits of witnesses by the landlord at a later stage---Tenant conte
2011 PLD 258 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
GOVERNMENT OF PUNJAB VS ANJAMAN-I-TARRAQI-I-TALIM 1987 SCMR 1189, 1987 SCMR 1197, 1989 MLD 3020, 1989 SCMR 558, 1991 SCMR 145, Cantonments Rent Restriction Act 1963--17 , Ejectment petition--term , Maintainability--TERM , Proof--TERM , S.17---Ejectment petition---Maintainability---Relationship of landlord and tenant---Proof---Land in question was leased out by Federal Government to respon
2011 YLR 2977 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
WAHEED UZ ZAMAN KHAN VS Syed HASSAN RAZA BUKHARI 1982 SCMR 1056, 1984 SCMR 446, PLD 1976 SC 781, PLD 1991 SC 242, PLD 1999 SC 1101, PLD 2003 Lah. 389, Agreement to Sell--TERM , Constitutional petition--TERM , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13---Constitution of Pakistan, Art.199--Constitutional petition---Ejectment of tenant---Agreem
2011 YLR 2460 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
ROHTAS (PVT.) LTD. VS Mrs. ASIYA FAYYAZ 1993 CLC 334, 2008 SCMR 1259, Additional evidence--TERM , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17--- Ejectment of tenant--- Bona fide personal need--- Default in payment of monthly rent--- Additional evidence---Ejectment application filed by landlady was allowed by Rent Controller and eviction order was passed a
2011 YLR 2205 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
AFTAB AHMAD RAJA VS Malik FAIZULLAH KHAN AFRIDI PLD 2009 Lah. 429, Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , Punjab Rented Premises Act 2009--5 , Punjab Rented Premises Act 2009--6 , Punjab Rented Premises Act 2009--8 , Ss.5, 6, 8, 15 & 22---Constitution of Pakistan, Art. 199--- Constitutional pe
2011 YLR 1958 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
MUHAMMAD AFZAL VS GULAB DEVI CHEST HOSPITAL, LAHORE Constitutional petition--TERM , Ejectment application--Term , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--22 , Ss. 19 & 22---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment application---Application for leave to contest---Tenant appeared and case was adjourned for permission
2011 YLR 1169 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
RASOOL BIBI VS MUHAMMAD BASHIR Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--10 , Code of Civil Procedure 1908--47 , Execution of decree--TERM , S. XXI, R.10 & S.47---Execution of decree---Objection to---Executing Court issued warrant of possession against judgment-debtors on the ground that right of decree-holders had become final upto High Court and even if
2011 YLR 138 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
TARIQ AHMAD FAROOQI VS ADDITIONAL DISTRICT JUDGE, LAHORE 1974 SCMR 504, 1982 CLC 422, PLD 1990 Lah. 457, PLD 2002 Lah. 355, West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(6)---Tentative rent deposit order---Striking off defence of tenant and passing of ejectment order for non-compliance with rent order---Landlord's application to Rent Controller to finally determine rent d
2011 CLC 1771 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
Mst. ZAHIDA AZAM VS SOHAIL RAFIQUE 1974 SCMR 504, Determination--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)---Arrears of rent---Determination---Rent Controller, jurisdiction of---Landlady asserted that rate of rent per month was Rs.46,948 while tenant claimed it to be 17,716 per month but Rent Controller assessed tentative rent as Rs.30,000 per month and the
2011 CLC 1610 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
MUHAMMAD IRFAN VS TARIQ MEHMOOD PLD 1991 SC 997, Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Fraud and misrepresentation--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art.199---Constitutional petition---Void order---Fraud and misrepresentation---Judgment, setting aside
2011 CLC 1564 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
Mst. SHAMSHAD BEGUM VS AKHTAR HUSSAIN ANJUM PLD 1968 SC 140, PLD 1969 SC 136, Ejectment of Tenant--TERM , Second Appeal--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--22 , Ss. 13 & 22---Second appeal---Ejectment of tenant---Title, determination of---Tenant denied relationship of landlord and tenant but Rent Controller
2011 CLC 1503 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
Ch. MUHAMMAD SHAHZAD ASLAM NAZ VS SPECIAL JUDGE (RENT), MULTAN Punjab Rented Premises Act 2009--5 , Punjab Rented Premises Act 2009--8 , Punjab Rented Premises Act 2009--9 , Ss. 5, 8 & 9--- Existing tenancy---Term "entertains" as used in S.9 of the Act---Scope---Non-registration of tenancy agreement-Effect--Parties are not exempted from registration and after promulgation of Punjab Rented
2011 MLD 736 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
MUHAMMAD SHARIF VS Malik ABDUL RAZZAQ 2002 CLC 1900, Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--97 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--98 , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13---Civil Procedure Code (V of 1908), O.XXI, Rr.97 & 98---Constitution of Pakista
2011 MLD 226 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
TAIMUR SHEHZAD VS SAQIB LATIF Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--1 , Islamabad Rent Restriction Ordinance 2001--17 , Ss.1(ii) & 17---S.R.O. 538/(I)/2004 dated 24-6-2004---Constitution of Pakistan, Art.199---Constitutional petition---Contention of the tenant was that the eviction proceedings could not be initiated in respect of the demised premises in
2011 CLC 652 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
ZAKIUDDIN AHMAD SIDDIQUI VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD 1984 CLC 2837, 1985 CLC 892, 2001 SCMR 577, 2006 SCMR 642, PLD 1978 SC 220, PLD 2001 SC 158, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Constitution of Pakistan Art.199---Constitutional petition--Ejectment of tenant---Concurrent findings of fact---Inter
2011 PLD 615 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
Syed MUMTAZ HUSSAIN VS Mst. NAZIMA NAQVI 2007 MLD 732, 2009 CLC 34, 2009 YLR 1736, 2009 YLR 2379, 2010 SCMR 446, Constitutional petition--TERM , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2(c) & 13---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Rel
2011 PLD 42 LAHORE-HIGH-COURT-LAHORE
Punjab · 2011
IJAZ AHMAD VS SURIYA AKHTAR 2003 SCMR 29, 2007 YLR 2083, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Ordinance 2007--15 , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--21 , Punjab Rented Premises Ordinance 2007--22 , Ss. 15, 19(4), 21 (1) & 22---Constitution of Pakistan, Art.19
2011 PLD 624 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
MUHAMMAD USMAN S. MEMON VS IVTH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HYDERABAD Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--7 , Ss. 3 & 7---Offence of illegal dispossession---eviction and mode of recovery of possession as an interim relief---Scope---Four points, could be made with regard to subsection (1) of S.7 of Illegal Dispossession Act, 2005; firstly, the jur
2011 YLR 2641 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
Mrs. FEROZ AFAQ AHMED VS HAROON SIDDIQUE 1985 CLC 3014, 1988 CLC 1041, 1991 CLC 1881, 1991 MLD 1377, 1993 SCMR 356, 1997 MLD 98, 2001 MLD 1037, 2003 CLC 504, PLD 1994 Kar. 209, PLD 1994 Pesh. 235, PLD 2003 SC 594, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15--Constitution of Pakistan, Art.199--Constitutional petition---Ejectme
2011 YLR 2560 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
GHULAM QADIR VS Sharimati SADORI BAIE Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--9 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--22 , S. 22---Civil Procedure Code (V of 1908), O.IX, R.9---Constitution of Pakistan, Art. 199---Constitutional petition---Execution of ejectment order, pendency of---Application for
2011 YLR 1296 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
MUHAMMAD SHAMIM FAROOQI VS FAISAL HADI 2004 MLD 587, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199--- Constitutional petition--Ejectment of tenant---Concurrent findings of fact by the Courts below---Ejectment application filed by landlord was accepted by Rent Controller and tenants were dire
2011 PLD 16 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
RASHID AHMAD VS MUHAMMAD SHABBIR 2009 SCMR 70, 2010 SCMR 189, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Entitlement--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(f), 15 & 19---Constitution of Pakistan, Art.199---Constitutional petition---Ej
2011 CLC 1847 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
MUHAMMAD ISMAIL VS SIR JAHANGIR KOTHARI TRUST PLD 1967 Lah. 915, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Code of Civil Procedure 1908--92 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , S. 92 & O.VII, R.11---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Rejection of plaint---Trust Deed and will of testator pr
2011 CLC 1847 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
MUHAMMAD ISMAIL VS SIR JAHANGIR KOTHARI TRUST Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---eviction of tenant---Scope---Tenant could be evicted only in accordance with law and mere change of ownership would not result in his eviction.
2011 MLD 1561 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
SAEED AHMED VS PERVAIZ AHMED 1984 CLC 2596, 1986 CLC 2858, 1990 SCMR 1243, 1992 SCMR 1303, 1996 SCMR 1233, 1996 SCMR 1239, 2000 SCMR 247, 2001 MLD 1176, 2001 MLD 1225, 2006 SCMR 12, 2006 SCMR 152, 2008 SCMR 28, 2008 SCMR 398, 2008 SCMR 402, 2010 YLR 815, PLD 1973 SC 236, PLD 1993 Kar. 502, PLD 2001 SC 355, Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)---Ej
2011 MLD 860 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
JAWAID MASAUD AHMED KHAN VS ISLAMUDDIN Specific Relief Act 1877--12 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Ss. 12, 42 & 54---Suit for declaration, specific performance and permanent injunction---Application for injunctive order---Plaintiff who was tenant of suit property, claimed to have entered into agreement for purchase of suit property with its owner/landlord f
2011 CLC 955 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
ASHFAQ GHORI VS IVth ADDITIONAL DISTRICT JUDGE, KARACHI 2010 MLD 554, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--22 , Ss. 15 & 22---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Stay of execution proceedings---Ejectment application filed by landlord was a
2011 MLD 89 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
MUHAMMAD DIN VS Mst. SHAMIM AKHTAR Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Ss. 14, 15 & 16---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Past and closed transaction-
2011 CLC 538 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
AHMED VS Miss AISHA TARIQ Cantonments Rent Restriction Act 1963--15 , Cantonments Rent Restriction Act 1963--7 , Ejectment of Tenant--TERM , Ss. 7(5) & 15---Ejectment of tenant---Default in monthly rent---Expiry of tenancy agreement---Rate of monthly rent---Contention of tenant was that after expiry of tenancy agreement, no new agreement was executed between the parties; therefore,, he had
2011 PLD 6 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
Mrs. ZAHIDA KHAN VS Mst. GULNAZ QURESHI 1985 SCMR 2012, 1993 MLD 2183, 1997 CLC 33, 2008 SCMR 28, PLD 2006 SC 422, Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S.15---Ejectment petition---Personal bona fide need of landlady---Landlady living in, U.S.A. pleaded that she wanted to return to Pakistan and occupy her own house; and that whenever she with her family cam
2011 PLD 6 KARACHI-HIGH-COURT-SINDH
Sindh · 2011
Mrs. ZAHIDA KHAN VS Mst. GULNAZ QURESHI 1993 MLD 2183, Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment petition---Ground of running of school in the demised Premises by tenant---Validity---Landlady when purchased demised premises, a school was running therein, which position continued thereafter---Landlady's right to seek eviction on such ground wou
2011 PLD 30 ISLAMABAD
ICT · 2011
JAVAID AHMED VS MUHAMMAD IMRAN MALIK 1995 SCMR 1125, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S.17---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant--- Statement of attorney---Choice of landlord---Scope---Landlord sought ejectment of tenant on the ground of bona fide personal need and defa
2011 YLR 765 ISLAMABAD
ICT · 2011
Major (Rtd.) NADEEM UDDIN KHALID VS BUSHRA BEGUM 1990 SCMR 544, 1996 SCMR 1178, 2001 SCMR 577, 2003 CLC 917, 2008 SCMR 488, 2009 MLD 955, 2009 SCMR 846, 2009 YLR 2234, Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--21 , Ss. 17 & 21---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment of tenan
2011 PLD 14 ISLAMABAD
ICT · 2011
LIAQUAT ALI VS ADDITIONAL SESSIONS JUDGE, ISLAMABAD 1968 SCMR 734, 1986 CLC 1378, 1990 MLD 2217, 1994 SCMR 1507, 2005 CLC 792, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--2 , Ss. 2(g) & 17(9)---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Striki
2011 PLD 14 ISLAMABAD
ICT · 2011
LIAQUAT ALI VS ADDITIONAL SESSIONS JUDGE, ISLAMABAD 1987 SCMR 565, 2008 SCMR 1395, Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Ejectment petition--term , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--2 , Ss. 2 (g) & 17 (9)---Civil Procedure Code (V of 1908), O. I, R. 10--- Ejectment petition--- Necessary party--- Tenancy was
2010 SCMR 1433 SUPREME-COURT
Supreme Court · 2010
MUMTAZ AHMED VS SAEED AHMED alias KHALID PLD 1973 Kar. 284, Declaration of title--Term , Qanun-e-Shahadat Order 1984--115 , Specific Relief Act 1877--42 , S 42---Qanun-e-Shahadat (10 of 1984), Art. 115---Declaration of title---Estoppel of tenant---Land in question was owned by local government, and plaintiffs had constructed shops over it with permission of the authorities---Defendants we
2010 SCMR 837 SUPREME-COURT
Supreme Court · 2010
CAPTAIN PQ CHEMICAL INDUSTRIES (PVT.) LTD. VS Mrs. ROMANA AMJAD Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17(4)(a)---Ejectment of tenant---Bona fide personal need of landlady---Unsuitability of other premises, non-disclosure in application---eviction order passed by Rent Controller against tenant on the ground of bona fide personal need of landlady was main
2010 SCMR 795 SUPREME-COURT
Supreme Court · 2010
JAVED MASIH VS ADDITIONAL DISTRICT JUDGE, LAHORE PLD 1981 SC 246, PLD 1981 SC 522, Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan (1973), Art.185---Ejectment of tenant---Striking off defence---Concurrent findings of fact by courts below---Interference by Supreme Court---Principles-
2010 SCMR 478 SUPREME-COURT
Supreme Court · 2010
MUHAMMAD ASHRAF JAVAID VS ALLAH RAKHA Contract Act 1872--28 , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Contract Act (IX of 1872), S.28---Ejectment petition---Bona fide personal need of landlord, ground of---Tenancy agreement containing a stipulation to the effect that landlord on receipt of Rs.80,000 would not eject tenant on ground of pe
2010 SCMR 473 SUPREME-COURT
Supreme Court · 2010
SHAMSHAD VS ARIF ASHRAF KHAN Ejectment of Tenant--TERM , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Subletting of premises---Proof---Pleadings and evidence---Contradictions---Name of sub-tenant mentioned in notice issued by landlord was different than that mentioned in ejectment petition---Effect---There was contradiction in ejectm
2010 SCMR 446 SUPREME-COURT
Supreme Court · 2010
PURDIL KHAN VS AZIZ-UR-REHMAN 2007 SCMR 866, PLD 1980 SC 198, PLD 2000 SC 63, Condonation of delay--TERM , Ejectment of Tenant--TERM , Limitation Act 1908--5 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Limitation Act (IX of 1908), S.5---Ejectment of tenant---Time-barred appeal---Condonation of delay---Review of judgment passed by High Court---eviction order passed
2010 PLD 709 SUPREME-COURT
Supreme Court · 2010
MAHBOOB ELAHI VS Mst. HAMIDA BEGUM 1980 CLC 2145, 1984 CLC 2804, 1995 MLD 1104, PLD 2003 Quetta 68, Constitution of Pakistan 1973--185 , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2(b), 13(2)(iv), (3)(a)(i)(ii), (4) & (5)---Constitution of Pakistan (1973), Art.185(3)---Ejectment petition
2010 PLD 709 SUPREME-COURT
Supreme Court · 2010
MAHBOOB ELAHI VS Mst. HAMIDA BEGUM Constitution of Pakistan 1973--185 , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(iv), (3)(a)(i)(ii), (4) (5) & (5-A)---Constitution of Pakistan (1973), Art. 185(3)--- Ejectment petition--- Bona fide personal need of landlord and reconstruction of demised shop---eviction of tenant ordered by Rent Controller
2010 PLD 33 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2010
MUHAMMAD ANWAR VS ABDUL HAMEED PLD 1991 SC 645, Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment proceedings---Interested witnesses, evidence of---Effect---Rent Controller relied upon the evidence of witnesses who were party in eviction applications and were trying to take benefit of their own statements by appearing as witnesses in
2010 YLR 1184 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2010
GUL WALI VS WIDOW OF SHEIKH GHULAM NABI 1984 CLC 2835, 2001 CLC 1819, PLD 1996 Pesh. 8, Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(6)--- Ejectment of tenant---Striking off defence---Tentative rent order---Denial of relationship of landlord and tenant---Tenant assailed eviction order passed by Rent Controller on the ground that on denial of r
2010 MLD 1477 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2010
TUFAIL MUHAMAMD VS JOINT ESTATE OFFICER Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--5 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--6 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--9 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Ss. 5, 6 & 9---Specific Relief Act (I
2010 PLD 99 PESHAWAR-HIGH-COURT
KPK · 2010
PESHAWAR DEVELOPMENT AUTHORITY VS AWAL KHAN 1990 MLD 815, N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--11 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--2 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--3 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--PREAMBLE , Preamble, Ss.2, 3 & 11---Purpose and object of North-West Fro
2010 PLD 99 PESHAWAR-HIGH-COURT
KPK · 2010
PESHAWAR DEVELOPMENT AUTHORITY VS AWAL KHAN 1990 MLD 815, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--11 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--13 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--17 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--3 , N.-W.F.P. Pub
2010 PLD 56 LAHORE-HIGH-COURT-LAHORE
Punjab · 2010
MUHAMMAD AFZAL NAJEEB VS Mst. AYSHA KHANNA 1994 MLD 2162, 1999 CLC 917, 2001 SCMR 1140, 2004 CLC 582, PLD 1993 Lahore 121, Cantonments Rent Restriction Act 1963--17-A , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Ss. 17 & 17-A---Ejectment of tenant---Default in payment of rent---Deposit of rent in court---Change of ownership---Notice to tenant---Scope---Tenant
2010 CLC 1839 LAHORE-HIGH-COURT-LAHORE
Punjab · 2010
MUHAMMAD JAFFAR VS ADDITIONAL DISTRICT JUDGE, LAHORE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--21 , Ss. 15 & 21(4)(5)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Tenant claimed to have purchased the shop through regis
2010 CLC 1601 LAHORE-HIGH-COURT-LAHORE
Punjab · 2010
SH. NIAZ AHMED VS UMER HAYAT KHAN KHARAL Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Ordinance 2007--22 , S. 22(vi)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant--Non-filing of application for leave to contest---Effect---Landlord filed eviction petition before the Rent C
2010 CLC 1557 LAHORE-HIGH-COURT-LAHORE
Punjab · 2010
KHURRAM SHUJA VS Mst. KISHWAR ZIA 1988 SCMR 197, 1999 SCMR 1060, 1999 YLR 610, 2000 SCMR 556, 2001 SCMR 577, 2007 CLC 1075, 2009 SCMR 54, Bona fide personal need of landlord--Term , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss.13 & 15---Ejectment of tenant---Bona fide personal need of lan
2010 CLC 1095 LAHORE-HIGH-COURT-LAHORE
Punjab · 2010
MUHAMMAD SIDDIQUE BUTT VS ADDITIONAL DISTRICT JUDGE, LAHORE 1986 CLC 448, 1994 CLC 1302, 2000 SCMR 903, 2001 CLC 1641, PLD 1982 SC 218, PLD 2001 SC 158, Appeal--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(3)(11),(4) & 15---Ejectment of tenant on ground of bona fide personal need---Appeal---Landlord insti
2010 PLD 281 LAHORE-HIGH-COURT-LAHORE
Punjab · 2010
MUHAMMAD USMAN VS ADDITIONAL DISTRICT JCDGE, LAHORE 2006 SCMR 1751, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--2 , Punjab Rented Premises Ordinance 2007--5 , Punjab Rented Premises Ordinance 2007--8 , Punjab Rented Premises Ordinance 2007--9 , Punjab Rented Premises Ordinance 2007--PR
2010 MLD 781 LAHORE-HIGH-COURT-LAHORE
Punjab · 2010
DIN MUHAMMAD VS MUHAMMAD LATIF Specific Relief Act 1877--8 , S. 8---Suit for possession---Plaintiff averred that he had purchased suit-land through a registered sale deed; defendant was a tenant under previous vendor but had refused to vacate the suit-land---Plaintiff filed eviction petition which was dismissed by Rent Controller--Defendant resisted the suit contending that he never remain
2010 MLD 768 LAHORE-HIGH-COURT-LAHORE
Punjab · 2010
MASOOD AHMAD VS SENIOR MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE PLD 1978 SC 242, Colonization of Government Lands (Punjab) Act 1912--10 , Colonization of Government Lands (Punjab) Act 1912--32 , Colonization of Government Lands (Punjab) Act 1912--34 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ss. 10, 32 & 34---Constitution of Pakistan (1973), Art. 199---Constitu
2010 YLR 2549 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
MUHAMMAD IRFAN VS Haji ABDUL GHANI 1979 SCMR 443, 1982 SCMR 1120, 1986 MLD 722, 1986 SCMR 751, 1986 SCMR 753, 1991 CLC 1902, 1991 MLD 1340, 1991 SCMR 2300, 1992 CLC 2495, 1995 CLC 457, 1995 SCMR 146, 1996 CLC 949, 2000 SCMR 542, 2001 SCMR 1140, 2006 SCMR 117, 2006 SCMR 152, PLD 1978 Kar. 149, PLD 1982 SC 465, PLD 2006 SC 549, Ejectment petition--term , Sindh Rented Premises Ordinance 1979--1
2010 YLR 2189 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
SHERAZ AHMED VS Mst. SUGHRA BARI 1968 SCMR 734, 1986 CLC 110, 1986 CLC 1378, PLD 1968 Lah. 20, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss. 17(2)(ii)(a) & 24---Ejectment of sub-tenant after vacating the premises by original tenant---Sub-lessee or an under tenant was a person bound by a decree for possession obtained by the lessor against the
2010 YLR 874 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
FEROZUDDIN VS II-ADDITIONAL DISTRICT JUDGE, KARACHI EAST 1968 SCMR 959, 1981 SCMR 1081, 1981 SCMR 844, 1988 MLD 1412, 1990 SCMR 1070, 1991 CLC 1902, 1991 MLD 1303, 1992 MLD 1737, 1993 SCMR 1559, 1997 SCMR 1062, 2001 SCMR 1287, 2004 SCMR 1607, PLD 1981 Kar. 537, PLD 1981 SC 246, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premi
2010 YLR 68 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
MUHAMMAD JEHANGIR VS Malik ABID HUSSAIN 1994 CLC 1866, 1998 SCMR 2092, 2001 SCMR 1434, 2005 CLC 1696, PLD 1993 Karachi 300, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--3 , Ss.3 & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition--Eject
2010 MLD 665 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
MUHAMMAD ASGHAR VS ABDUL REHMAN 1994 SCMR 1507, 2000 CLC 997, PLD 1974 SC 351, PLD 1982 SC 79, PLD 2005 Kar. 30, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(iii)(a) & 21---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on ground
2010 MLD 665 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
MUHAMMAD ASGHAR VS ABDUL REHMAN 1988 SCMR 819, 1996 CLC 381, 1998 SCMR 2119, 2001 SCMR 1197, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Landlord had contended that he was jobless and had no other pl
2010 MLD 665 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
MUHAMMAD ASGHAR VS ABDUL REHMAN Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(iii)(a)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Subletting---Proof of---Tenant had admitted in his cross-examination that two occupants of shops in the premises in question were paying rent; he however, did n
2010 MLD 665 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
MUHAMMAD ASGHAR VS ABDUL REHMAN 1987 MLD 888, 1993 MLD 219, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Ss. 15(2)(iii)(c) & 15(2)(iv)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Impairing material value or utility of premises by making additions and alterations---Landlord sought ejectment of ten
2010 MLD 503 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
Mrs. MEHMOODA AFTAB VS MARGHOOB HUSSAIN 1995 SCMR 626, PLD 1987 Kar. 401, PLD 1990 Kar. 286, PLD 2000 Quetta 26, PLD 2007 Lah. 231, Constitution of Pakistan 1973--13 , Constitution of Pakistan 1973--199 , Contempt of Court Act 1976--3 , Criminal Procedure Code (Cr.P.C) 1898--403 , General Clauses Act 1897--26 , Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--4 , Sindh Ren
2010 MLD 302 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
Syed CHAN PEER SHAH VS MUHAMMAD SHAFI 1987 CLC 775, 1990 MLD 1221, 1991 SCMR 215, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--13 , S.13---Constitution of Pakistan (1973), Art.199---Constitutional petition---eviction of tenant---Default in payment of rent---Sale consideration---Plea of---Effect---Land
2010 MLD 222 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
MUHAMMAD ASLAM PERVAIZ VS AL-MUSTAFA WELFARE SOCIETY 1981 SCMR 179, 1983 SCMR 1205, 2001 SCMR 1888, PLD 1993 Karachi 642, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , General Clauses Act 1897--27 , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15(2)(ii) & 18---General Clauses Act
2010 CLC 878 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
SHAHEEN FREIGHTS SERVICES through Proprietor VS EBRAHIM TRUST through Managing Trustee Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--3 , Ss. 3(2) & 15---Government of Sindh Notification No. VIII(3) SOJ/75, dated 15-3-1981---Ejectment petition filed in year 2006---Default in payment of rent, ground of---Premises built on land leased out to applicant-landlo
2010 CLC 637 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
Syed SHARIF HUSSAIN SHAH VS Mst. SAMINA TAUSIF 1990 MLD 1009, 1992 CLC 2307, PLD 2001 Kar. 238, Bona fide personal need of landlord--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Bona fide personal need of landlord---Bona fide personal need of landlady in respect of premises sought to be ejected by her, was resisted on the ground by the tenant that landlady along with
2010 CLC 561 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
HAMEED VS JITENDRA 1992 SCMR 1170, 1997 SCMR 567, 2002 SCMR 429, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---R
2010 CLC 447 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
NELOFAR SOOMAR VS Mst. SHAHIDA 1985 CLC 2644, 1986 CLC 448, 1986 MLD 1421, 1990 SCMR 1070, 1995 SCMR 584, 1997 MLD 2137, 1997 SCMR 1062, 2004 SCMR 862, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17(4)(b)---Ejectment of tenant---Bona fide personal need of landlord---Non-disclosure of business---Landlady had two shops in different localities of the city and s
2010 CLC 354 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
ZULFIQAR AHMED KHAN VS STATION COMMANDER, STATION HEADQUARTERS, KARACHI 1987 CLC 591, 2009 CLD 960, PLD 1966 SC 1, PLD 1987 SC 107, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--10 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--
2010 CLC 308 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
YOUSUF AZIZ VS ASIM SALEEM 2005 CLC 564, PLD 1981 Kar. 170, PLD 1996 SC 724, PLD 2006 Lah. 684, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17---Ejectment of tenant---Bona fide personal need of landlord---Choice of landlord---Scope---Landlord claimed that demised premises was required by him for his own use and tenant had committed default in payment of mont
2010 CLC 292 KARACHI-HIGH-COURT-SINDH
Sindh · 2010
Mst. MIR BAHAR VS SAUDABAD COLONY TRUST through Deputy Commissioner Qanun-e-Shahadat Order 1984--72 , Specific Relief Act 1877--12 , S. 12---Qanun-e-Shahadat (10 of 1984), Art.72---Specific performance of agreement to sell---Transfer letter---Proof---Failure to produce transfer letter---Contention of plaintiff was that suit plot was transferred in his favour by Welfare Officer of the Trust
2010 YLR 1521 ISLAMABAD
ICT · 2010
ZULFIQAR AHMAD VS NISAR BAIG, ADDITIONAL DISTRICT JUDGE, ISLAMABAD 2000 CLC 387, 2003 SCMR 1398, 2004 SCMR 1453, 2008 YLR 2939, PLD 2002 SC 753, Ejectment petition--term , Islamabad Rent Restriction Ordinance 2001--17 , Proof--TERM , S.17---Ejectment petition---Grounds of bona fide personal need of landlord and expiry of lease agreement---Proof---Landlord during his deposition did not giv
2010 YLR 1490 ISLAMABAD
ICT · 2010
ZAFAR MEHMOOD VS KHAN AYAZ KHAN 1983 CLC 237, 1986 SCMR 637, 1987 CLC 1407, 1993 MLD 1217, 2005 CLC 1119, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S.17---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on grounds of bona fide personal need, reconstruction and expiry of leas
2009 SCMR 893 SUPREME-COURT
Supreme Court · 2009
MUHAMMAD SHAFI VS STATE LIFE INSURANCE CORPORATION Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--PREAMBLE , Preamble & S.15---Interpretation and object of Sindh Rented Premises Ordinance, 1979----As long as the tenant continued to remain in possession and undertook to perform his obligations under the lease, no interest of the landlord would be affected a
2009 SCMR 857 SUPREME-COURT
Supreme Court · 2009
MAHMOOD HUSSAIN LARIK VS MUSLIM COMMERCIAL BANK LIMITED Constitution of Pakistan 1973--185 , Maintainability--TERM , Art. 185(2)(d)(e) & (3)---Appeal to Supreme Court---Maintainability---No value could be given to the subject-matter of the appeals involving labour disputes, service cases, cases arising from the rent jurisdiction or family disputes where the main prayer was of restoration i
2009 SCMR 846 SUPREME-COURT
Supreme Court · 2009
QAISER JAVED MALIK VS PERVAIZ HAMEED Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--6 , Maintainability--TERM , Ss. 6 & 17---Ejectment petition on ground of expiry of term fixed in lease agreement and personal need of premises by landlord---Maintainability---Words "subject to provisions of section 17" as used in S.6 of Islamabad Rent Restriction
2009 SCMR 784 SUPREME-COURT
Supreme Court · 2009
MUHAMMAD NASEER VS SAJID HUSSAIN PLD 1969 Kar. 176, Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , S. 17(8)---Constitution of Pakistan (1973), Art. 185 (3)---Ejectment of tenant---Default in deposit of arrears of rent---Interpretation of order---eviction order was passed by Rent Controller on the ground that tenant failed to de
2009 SCMR 45 SUPREME-COURT
Supreme Court · 2009
Syed ABDUL GHAFOOR SHAH VS Syed LUQMAN Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Default and bona fide personal need of landlord---Description of property---Concurrent findings of fact by the Courts below---Ejectment of tenant from sho
2009 CLC 1241 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2009
WALI MUHAMMAD VS Haji NASARUDDIN 1980 SCMR 764, 2003 YLR 1084, Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15---Ejectment of tenant---Waiver of claim---Effect---Premises were leased out twenty years back and the possession of the same was handed over after few months of the creation of tenancy---Contention of the landlord was that about two yea
2009 MLD 564 PESHAWAR-HIGH-COURT
KPK · 2009
Dr. ABDUL WAHEED VS JAFFAR ALI 2004 MLD 1661, 2004 SCMR 1568, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(8) & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment application---Tentative rent order---Striking of
2009 PLD 429 LAHORE-HIGH-COURT-LAHORE
Punjab · 2009
WATEEN TELECOM (PVT.) LTD., through Attorney VS Malik ABDUL AHAD Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Ordinance 2007--15 , S. 15---Civil Procedure Code (V of 1908), O. I, R.10---Constitution of Pakistan (1973), Art.199---Constitutional petition-
2009 YLR 2224 LAHORE-HIGH-COURT-LAHORE
Punjab · 2009
JAMAT ALI VS MUHAMMAD AFZAL 1990 SCMR 1070, 1991 MLD 1236, 1996 SCMR 1178, 2004 MLD 724, 2008 SCMR 398, Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15(6)-Second appeal---Concurrent findings of Courts below---Bona fide personal need of landlord---Proof---Ejectment order passed by Rent Controller against tenant was maintained by Lower Appellate Court---Plea ra
2009 YLR 989 LAHORE-HIGH-COURT-LAHORE
Punjab · 2009
ABDUL MAJEED VS MUHAMMAD YAQOOB 1991 CLC 2018, 1995 SCMR 1811, 2001 YLR 3106, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss.13(3)(ii) & 15---Ejectment of tenant on ground of personal need of landlord---Shop in question, in fact, was owned by wife and daughter of the landlord who had rented out the same to the tenant-
2009 YLR 780 LAHORE-HIGH-COURT-LAHORE
Punjab · 2009
Ch. MAHMOOD UL HASSAN VS DISTRICT JUDGE, CHAKWAL S.15---Civil Procedure Code (V of 1908), S.144---Constitution of Pakistan (1973), Art.199---Constitutional petition---Restitution of possession---Provisions of S. 144, C. P. C. ---Applicability ---Appellate Court, in appeal filed by tenant, suspended operation of eviction order passed by Rent Controller but landlord forcibly took over the pos
2009 CLC 1334 LAHORE-HIGH-COURT-LAHORE
Punjab · 2009
FAZALUR REHMAN VS MUHAMMAD MUBASHIR Punjab Rented Premises Ordinance 2007--22 , S. 22(2)(6)---Leave to contest---Tenant failing to file application for leave to contest within stipulated time of ten days---Contention of the tenant, in application for condonation was that on account of the reasons given in the application for condonation sought on the equitable grounds as argued in the cour
2009 MLD 1175 LAHORE-HIGH-COURT-LAHORE
Punjab · 2009
MUHAMMAD SHAFQAT VS NAVEED-UZ-ZAFAR Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Ejectment application--Term , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--1 , S.30---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.1(2)-Ejectment application---Protection from eviction under S.30, Displaced Persons (Compensation and Rehabilit
2009 MLD 507 LAHORE-HIGH-COURT-LAHORE
Punjab · 2009
IMTIAZ AHMED CHATTA VS SALAH-UD-DIN SIDDIQUI, ADDITIONAL DISTRICT JUDGE, FAISALABAD 1984 SCMR 1225, 1986 CLC 2342, 1988 SCMR 322, 1991 SCMR 970, 1995 SCMR 362, 2002 YLR 3196, 2006 MLD 12, PLD 1991 SC 65, PLD 2001 SC 518, Code of Civil Procedure 1908--12 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Maintainability--TERM , West Pakistan Urban Rent Restriction Ordinanc
2009 CLC 406 LAHORE-HIGH-COURT-LAHORE
Punjab · 2009
DAEWOO PAKISTAN MOTORWAY SERVICES LIMITED through Chief Executive VS SUN SHINE SERVICE (REGD) through Chief Executive Officer 1974 SCMR 519, 1986 CLC 303, 1988 CLC 1261, 2000 CLC 1722, PLD 1971 Kar. 35, PLD 2008 SC 146, Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interl
2009 CLC 279 LAHORE-HIGH-COURT-LAHORE
Punjab · 2009
Mian MUHAMMAD LATEEF VS Mst. NASIMA WARSI 1972 SCMR 437, 1982 CLC 1737, 1990 SCMR 1070, 1994 CLC 84, 1995 SCMR 1125, 1998 SCMR 2119, 2002 CLC 1523, 2006 SCMR 152, 2006 YLR 2723, PLD 1977 SC 442, PLD 1995 Lah. 469, PLD 2001 Quetta 40, Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Proof--TERM , S. 17---Ejectment of tenant
2009 CLC 114 LAHORE-HIGH-COURT-LAHORE
Punjab · 2009
AMJAD MEHMOOD KHOKHAR VS FARASAT HUSSAIN 1984 SCMR 1065, 1984 SCMR 741, 1986 CLC 591, 1990 CLC 908, 2004 CLC 862, 2005 YLR 2784, PLD 1978 Kar. 182, Agreement to Sell--TERM , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Determination--TERM , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)---Constitution of Pakistan (197
2009 PLD 356 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
TANVEER SIDDIQUI VS MUHAMMAD RASHID 2008 SCMR 635, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss. 17 & 24---Ex parte eviction order---Written statement, non-filing of---Rent Controller took six months to come to final stage for closing the side as tenants failed to file written statement and Rent Controller passing eviction order against tenant
2009 YLR 1881 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
MUHAMMAD IDREES QURESHI VS MUHAMMAD KASHIF KHAN 1993 SCMR 356, 2005 CLC 3, 2007 CLC 462, 2007 SCMR 1602, PLD 1989 SC 503, PLD 1991 SC 265, PLD 1996 Karachi 440, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(F) (J), 10 & 15(2) (ii) (ii
2009 YLR 1083 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
MEHMOOD LAKHANI VS Syeda ZUBAIDA KHATOON 1984 CLC 2769, 1986 CLC 2917, 1988 CLC 811, 1989 CLC 1113, 1989 SCMR 1366, 1990 SCMR 1070, 1994 CLC 286, 2000 CLC 274, 2000 CLC 376, 2002 SCMR 789, 2004 CLC 189, 2005 CLC 3, 2008 SCMR 398, PLD 2008 Kar. 361, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S.17---Ejectment of tenant---Bona fide personal need of landlady---Def
2009 YLR 945 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
PAK JUNAID FLOUR MILLS (PVT.) LTD. VS DARA FEROZ MIRZA S.17---Civil Procedure Code (V of 1908), S.12 (2) & O.IX, R.13---Ex parte decree, setting aside of----Service of process to tenant---Proof---Non-registration of tenancy agreement---Effect---Approbation and reprobation---Rent Controller had made all the required efforts towards service of process to tenant and notices were not only issue
2009 YLR 466 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
MUHAMMAD ASLAM VS BOARD OF REVENUE, SETTLEMENT AND REHABILITATION SINDH, KARACHI 1973 SCMR 441, 1991 CLC 481, 1998 SCMR 948, 2003 SCMR 870, PLD 1988 SC 734, PLD 1989 Kar. 94, PLD 2001 SC 499, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Contract Act 1872--211 , Specific Relief Act 1877--42 , S.42---Contract Act (IX of 1872), S.211---Civil Procedure Code (V of 1908), O. VII, R.1
2009 YLR 289 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
MUHAMMAD MOHSIN MALIK VS Mst. QAMAR JEHAN Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art:199---Constitutional petition--Ejectment of tenant---Bond fide personal need of landlady for her children---Proof---Failure to produce children as witne
2009 PCrLJ 1359 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
EDWARD HENRY LOUIS VS Dr. MUTAMMAD SAFDAR Criminal Procedure Code (Cr.P.C) 1898--435 , Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--4 , Illegal Dispossession Act 2005--7 , Illegal Dispossession Act 2005--PREAMBLE , Preamble, Ss.3, 4 & 7---Criminal Procedure Code (V of 1898), S.435---Illegal dispossession---Delivery of possession to owner of property---Interim relief-
2009 PCrLJ 491 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
MUHAMMAD RIAZ AHMED KHAN VS IMRAN ABDULLAH PLD 2007 Lah. 231, PLD 2007 SC 423, PLD 2008 Kar. 369, PLD 2008 Kar. 400, PLD 2008 Kar. 518, Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--8 , Ss. 3 & 8---Respondent tenant, after having been lawfully ejected from the shop of the petitioners, had again taken over the possession of the shop illegally by breaking open its lock
2009 CLC 1232 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
KHALIL AHMAD ALLAHWALA VS Mst. ZAINAB 1986 MLD 985, 1994 SCMR 1507, 2001 MLD 648, PLD 1974 SC 351, PLD 1982 SC 79, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Determination--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---N
2009 MLD 1033 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
Mrs. FATIMA VS ORIENT TRAVELS (PVT.) LTD. Through Chief Executive Tenant 1992 SCMR 2400, 1994 SCMR 1900, 1999 SCMR 28, PLD 1999 Kar. 54, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(1) & 15---Constitution of Pakistan (1973), Art.199--
2009 MLD 935 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
Syed MAZHAR IMAM RIZVI VS Mst. YASMIN BANO 1981 SCMR 527, 1993 CLC 1074, 1993 MLD 224, 1993 SCMR 1685, 1994 SCMR 1485, 1995 MLD 1460, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability--
2009 MLD 246 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
Mst. HUSSAINA BAI VS Mst. SHIREEN BAI 2003 MLD 480, PLD 1981 SC 246, PLD 2001 SC 415, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Ejectment of tenant---Wilful default in payment of monthly rent---Change in structure---
2009 CLC 272 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
GHULAM HUSSAIN VS COURT OF VTH ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH 1987 MLD 616, 1989 MLD 2882, 1994 MLD 955, 1994 MLD 958, 1997 MLD 1030, 2006 MLD 1135, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan (1973), Art.199--Constitutional petition---Ejectment of ten
2009 CLC 272 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
GHULAM HUSSAIN VS COURT OF VTH ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH 1983 SCMR 37, 1985 SCMR 1972, 1987 MLD 616, 1988 CLC 811, 1989 MLD 2882, 1990 SCMR 1070, 1993 CLC 175, 1993 SCMR 200, 1994 MLD 955, 1994 MLD 958, 1997 MLD 1030, 2000 CLC 1982, 2001 CLC 690, 2006 MLD 1135, PLD 1981 SC 246, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Pro
2009 CLC 215 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
MUHAMMAD SALEEM VS Mrs. SANJIDA KIDWAI 1987 MLD 616, 1988 CLC 811, 1993 CLC 175, 1994 MLD 958, 1995 CLC 702, 1999 MLD 2070, 2004 SCMR 1903, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17---Ejectment of tenant---Bona fide personal need of landlady---Choice of premises-Principles---Rent Controller allowed ejectment application filed by landlady and passed evic
2009 CLC 177 KARACHI-HIGH-COURT-SINDH
Sindh · 2009
MUHAMMAD YAKOOB VS Mst. ZAIBUNNISA 1985 SCMR 893, PLD 1997 SC 397, Condonation of delay--TERM , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Limitation Act 1908--5 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Ss. 15 & 16(2)---Limitation Act (IX of 1908), S.5---Constitution of Pakistan (1973), Ar
2009 CLC 52 ISLAMABAD
ICT · 2009
SHAMSHAD ALI VS GHULAM MUHAMMAD CHAUDHRY 1990 SCMR 557, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17(8) & (9)---Constitution of Pakistan (1973), Art.199--Constitutional petition---Ejectment of tenant---Defence, striking off---Concurrent findings of fact by the Courts below---Tenant ha
2008 SCMR 568 SUPREME-COURT
Supreme Court · 2008
SAEED PERVAIZ VS Syed MASOOD HASSAN Civil Procedure Code --Order XVII of C.P.C. Adjournments--3 , Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Civil Procedure Code (V of 1908), O.XVII, R.3---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Striking off defence---Failure to produce evide
2008 SCMR 28 SUPREME-COURT
Supreme Court · 2008
JAVED KHALIQUE VS MUHAMMAD IRFAN PLD 2000 SC 67, Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)-eviction application---Bona fide personal need of landlord, ground of---Enhancement of rent by landlord from time to time---Effect---Such enhancement would not disentitle landlord to seek eviction of te
2008 SCMR 28 SUPREME-COURT
Supreme Court · 2008
JAVED KHALIQUE VS MUHAMMAD IRFAN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)-eviction application---Bona fide personal need of landlord---Proof---Normally, landlord must be allowed benefit of use of his premises, unless any circumstance was brought on record indicating his requirement to be mala
2008 SCMR 28 SUPREME-COURT
Supreme Court · 2008
JAVED KHALIQUE VS MUHAMMAD IRFAN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)-eviction application---Bona fide personal need of landlord, ground of---Concurrent findings of fact in favour of landlord rendered by Rent Controller and High Court after proper appraisal of evidence on record and law--
2008 SCMR 28 SUPREME-COURT
Supreme Court · 2008
JAVED KHALIQUE VS MUHAMMAD IRFAN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan (1973), Art.185(3)-eviction application---Suppression of material facts by landlord in eviction application and evidence---Effect---Landlord would become disentitled to claimed relief.
2008 SCMR 1457 SUPREME-COURT
Supreme Court · 2008
ARSHAD ALI VS Mst. ZUBAIDAH BIBI Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Fixed period of tenancy---Bona fide personal need of landlord--Concurrent findings of facts by the Courts below---Landlord after expiry of period of tenancy, fi
2008 SCMR 1395 SUPREME-COURT
Supreme Court · 2008
NOORANI TRAVELS, KARACHI VS MUHAMMAD HANIF 1968 SCMR 735, 1986 CLC 1378, 1987 SCMR 565, Sindh Rented Premises Ordinance 1979--13 , S. 13---Unauthorised sub-tenant can be evicted along with the tenant against whom the eviction order is passed by Rent Controller and he is not a necessary party to the proceedings, being unauthorisedly in occupation of the premises---In order to become a part
2008 PLD 27 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2008
ALIA HUSSAIN VS Syed ZIAUDDIN 1996 SCMR 877, Illegal Dispossession Act 2005--7 , S. 7---Complaint under S.7, Illegal Dispossession Act, 2005--Contentions of the petitioner (owner) were that she was a widow and a house wife; that after the death of her husband, she had gone to another city along with her minor children and had closed the house; that respondent had forcibly opened the door
2008 PLD 414 LAHORE-HIGH-COURT-LAHORE
Punjab · 2008
MUHAMMAD, BASHARAT VS Mrs. UZMA BHATTI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--3 , Ejectment of Tenant--TERM , S. 17(4)(b)(iii), proviso 3---Ejectment of tenant---Bona fide personal need of landlady---Landlady sought eviction of tenant from non-residential building on the ground of bona fide personal need---Rent Controller accepted the application
2008 YLR 1427 LAHORE-HIGH-COURT-LAHORE
Punjab · 2008
MUHAMMAD KHAN alias MAMMAN VS State Appreciation of Evidence--TERM , Pakistan Penal Code 1860--302 , S.302(b)---Appreciation of evidence---Despite the occurrence having taken place during the night, identification of accused by the complainant and other eye-witnesses was conveniently possible, as he had been living at the "Dera" of the complainant for the last four years---Complainant had
2008 PLD 193 LAHORE-HIGH-COURT-LAHORE
Punjab · 2008
FIRST CAPITAL EQUITIES LIMITED VS Mrs. ISHRAT SALEEM Ejectment of Tenant--TERM , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Ejectment of tenant---Default in payment of monthly rent---Proof---eviction order was passed by Appellate Court on the ground that before depositing rent in court, ten
2008 CLC 1724 LAHORE-HIGH-COURT-LAHORE
Punjab · 2008
Sheikh MUHAMMAD FEROZE VS Sheikh ALLAH LOK 1983 CLC 2511, 1985 CLC 3014, 1986 MLD 1803, 1996 SCMR 1233, 2006 SCMR 152, 2006 SCMR 50, PLD 1983 Lah. 425, PLD 1985 SC 242, Bona fide personal need of landlord--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Second appeal---Bona fide personal need of landl
2008 MLD 877 LAHORE-HIGH-COURT-LAHORE
Punjab · 2008
Raja SHAMSHER MEHDI VS Malik MUHAMMAD RIAZ 1974 SCMR 75, 2004 YLR 985, 2005 SCMR 1664, PLD 1988 Kar. 429, Code of Civil Procedure 1908--148 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Extension of time--TERM , Specific Relief Act 1877--12 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13---Specific Relief Act (I of 1877), S.12 Civil Procedure Code
2008 CLC 650 LAHORE-HIGH-COURT-LAHORE
Punjab · 2008
Mst. HUMERA SAJID VS MUQARRAB KHAN PUNI 1996 SCMR 669, 1999 MLD 3360, 2003 SCMR 83, 2003 YLR 998, PLD 1988 SC 163, Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--10 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--16 , Ejectment of Tenant--TERM , Locus Standi--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakis
2008 MLD 204 LAHORE-HIGH-COURT-LAHORE
Punjab · 2008
AKBAR VS Chaudhry NAZIR AHMAD 1994 SCMR 2189, 2002 SCMR 1089, Qanun-e-Shahadat Order 1984--118 , Qanun-e-Shahadat Order 1984--119 , Qanun-e-Shahadat Order 1984--17 , Qanun-e-Shahadat Order 1984--79 , Specific Relief Act 1877--12 , Transfer of Property Act 1882--41 , S. 12---Transfer of Property Act (IV of 1882), S.41---Qanun-e-Shahadat (10 of 1984), Arts. 17(2)(a), 79, 118 & 119---Suit fo
2008 PLD 424 KARACHI-HIGH-COURT-SINDH
Sindh · 2008
Miss SHAISTA SHAMS VS Mst. SEEMA BEGUM 1990 CLC 1003, 2000 SCMR 556, 2002 CLC 1, PLD 1999 SC 1101, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art, 199---Constitutional petition---Ejectment of tenant---Relationship of landlord and tenant---Agreement of se
2008 CLD 1239 KARACHI-HIGH-COURT-SINDH
Sindh · 2008
HABIB BANK LIMITED VS SUHAIL YOUSUF Code of Civil Procedure 1908--PREAMBLE , Financial Institutions (Recovery of Finances) Ordinance 2001--19 , Maintainability--TERM , S.19(1) & (7)---Civil Procedure code (V of 1908), O.XXI---Objection application---Maintainability---Separate execution proceedings-Applicant sought exclusion of property in question from schedule of decree on the ground that
2008 YLR 2265 KARACHI-HIGH-COURT-SINDH
Sindh · 2008
ANWAR AHMAD VS JALALUDDIN Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Eviction of tenant--TERM , S.17---eviction of tenant---Bona fide personal need of landlord---Validity---Years old concept that "once a tenant is always a tenant" has vanished---Landlord has a right to use his property during his lifetime.
2008 CLC 1499 KARACHI-HIGH-COURT-SINDH
Sindh · 2008
AZEEMUDDIN VS Mst. ATTIQA BEGUM Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Ss. 10 & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---Avoidance to receive rent---Deposit
2008 CLC 877 KARACHI-HIGH-COURT-SINDH
Sindh · 2008
TARIQ OMER VS JAVED HUSSAIN 1991 SCMR 846, 2002 SCMR 241, 2005 SCMR 1200, PLD 1991 SC 165, PLD 1994 Lah. 252, Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Proof--TERM , S. 17--Ejectment of tenant---Bona fide personal need of landlord---Default in payment of monthly rent---Proof---Non-payment of rent through money order
2008 CLC 869 KARACHI-HIGH-COURT-SINDH
Sindh · 2008
RIZWAN VS MUHAMMAD RAFIQ 1973 SCMR 185, 1986 CLC 395, 1995 CLC 452, 1996 CLC 1016, 1996 SCMR 1178, PLD 1991 SC 165, PLD 1994 Lah. 252, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Proving of one pl
2008 CLC 446 KARACHI-HIGH-COURT-SINDH
Sindh · 2008
MUHAMMAD QASIM VS VITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI CENTRAL Proof--TERM , S. 15(2)(ii)---Bona fide personal need of landlord---Landlord's plea in ejectment petition and affidavit-in-evidence was that he was running business in a rented shop; that disputed shop was suitable for his business---Proof---Tenant while cross-examining landlord did not controvert his such plea--
2008 CLC 446 KARACHI-HIGH-COURT-SINDH
Sindh · 2008
MUHAMMAD QASIM VS VITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI CENTRAL Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(ii)---Bona fide personal need of landlord---Landlord's plea in ejectment petition and affidavit-in-evidence was that he was running business in a rented shop; that disputed shop was suitable for his business---Proof---Tenant while cross-examining landlord did n
2008 CLC 348 KARACHI-HIGH-COURT-SINDH
Sindh · 2008
Malik MUHAMMAD JAWAID VS PROVINCE OF SINDH Easements Act 1882--52 , Easements Act 1882--54 , Easements Act 1882--63 , Specific Relief Act 1877--12 , Ss. 12 & 21---Easements Act (V of 1882), Ss.52, 63 & 54---Suit by licensee for specific performance of license---Scope---Licence to do something in or upon immovable property was revocable subject to a reasonable notice in terms of S.63 of Eas
2008 CLC 87 KARACHI-HIGH-COURT-SINDH
Sindh · 2008
SHAHID MEHBOOB VS MUHAMMAD ISMAIL 1980 CLC 1442, 1984 CLC 71, 1984 SCMR 741, 1988 CLC 402, 1996 SCMR 877, 2000 CLC 184, 2000 YLR 2392, 2001 CLC 1029, PLD 1990 SC 382, PLD 1991 SC 242, PLD 1999 SC 1101, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Specific Relief Act 1877--12 , S. 17---Specific Relief Act (I of 1877), S.12---Ejectment of tenant---Specific perform
2007 PLD 45 SUPREME-COURT
Supreme Court · 2007
SHAJAR ISLAM VS MUHAMMAD SIDDIQUE Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , --Ss.2(c) & 13---Constitution of Pakistan (1973), Art.199---Landlord---Determination of---Presumption---Creation of tenancy---Principles---Constitutional jurisdiction of High Court---Scope---Concurrent find
2007 PLD 44 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2007
PANDOK VS KHODA IQBAL 1988 CLC 2388, 1990 SCMR 441, 1990 SCMR 694, PLD 1968 SC 140, PLD 1969 SC 136, PLD 1983 Quetta 52, Balochistan Vagrancy (Amendment) Ordinance 2001--1 , Balochistan Vagrancy (Amendment) Ordinance 2001--PREAMBLE , Code of Civil Procedure 1908--115 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , ---Ss. 63 & 64---Specific Relief Act (I of 1877), Ss.42 & 5
2007 YLR 2105 PESHAWAR-HIGH-COURT
KPK · 2007
Haji ALI ZAMAN VS ABDUL KHALIQ PLD 1992 SC 401, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---Rent Controller, on .allowing the ejectment petition ordered the eviction of tenant---Appeal---Once the relationship of landlord and te
2007 PLD 123 LAHORE-HIGH-COURT-LAHORE
Punjab · 2007
YAFAS VS State Illegal Dispossession Act 2005--5 , Illegal Dispossession Act 2005--PREAMBLE , --Preamble & S.5---Object and applicability of Illegal Dispossession Act, 2005---Illegal Dispossession Act, 2005, was promulgated to curb the increasing tendency of the use of force in dispossessing the owners from their valuable properties, however, a nice distinction could be made between Illega
2007 PLD 588 LAHORE-HIGH-COURT-LAHORE
Punjab · 2007
BATA PAKISTAN LIMITED through Company Secretary and General Attorney VS MUHAMMAD ANWAR 1999 SCMR 348, 2004 SCMR 126, West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Eejctment of tenant---Bona fide personal need of one of the landlords---Premises was jointly owned by more than one person---One of the owners tiled ejectment application on the ground of bona fide person
2007 YLR 2314 LAHORE-HIGH-COURT-LAHORE
Punjab · 2007
PUNJAB PROVINCE through Secretary to the Government of the Punjab, Food Department VS Sheikh ZIA-UD-DIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Displaced Persons (Compensation and Rehabilitation) Act 1958--4 , Evacuee Property--TERM , Specific Relief Act 1877--42 , Suit for declaration--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 42---Disp
2007 PLD 283 LAHORE-HIGH-COURT-LAHORE
Punjab · 2007
ASHIQ HUSSAIN VS JAMIA MASJID HANFIA GHOUSIA through President West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13(6)---Ejectment petition---Landlord-tenant, relationship denied---Order passed under S.13(6) of the Ordinance, 1959---Effect---Framing of issues where tenancy was denied by tenant---Scope---Landlord/respondent filed ejectment petition against tenant/appellant qua
2007 MLD 756 LAHORE-HIGH-COURT-LAHORE
Punjab · 2007
PERVAIZ CLIVE VS ABDUL KARIM through Legal Representatives 1983 SCMR 13, 1991 SCMR 2063, PLD 1969 SC 617, PLD 1989 Lah. 333, Qanun-e-Shahadat Order 1984--15 , Specific Relief Act 1877--23 , Succession Act 1925--192 , Succession Act 1925--307 , ---Ss. 8---Qanun-e-Shahadat (10 of 1984), Preamble---Succession Act (XXXIX of 1925), Ss.307 & 192---Suit for recovery of immovable property---Groun
2007 YLR 2995 LAHORE-HIGH-COURT-LAHORE
Punjab · 2007
JAVED IQBAL VS DISTRICT EDUCATION OFFICER, CIRCLE LAHORE Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Transfer of Property Act 1882--116 , ---O.XXXIX, Rr. 1 & 2---Specific Relief Ac
2007 PLD 50 KARACHI-HIGH-COURT-SINDH
Sindh · 2007
Mrs. TAHIRA DILAWAR ALI KHAN through Attorney VS Mst. SYEDA KANEEZ SUGHRA 1980 SCMR 593, 1986 CLC 448, 1987 CLC 686, 1987 SCMR 2051, 1989 CLC 287, 1993 SCMR 356, 1995 CLC 1353, 1997 SCMR 1789, 1999 SCMR 1796, 2006 SCMR 1483, 2006 SCMR 152, Constitution of Pakistan 1973--199 , Registration Act 1908--49 , Sindh Rented Premises Ordinance 1979--15-A , Sindh Rented Premises Ordinance 1979--15 , T
2007 PCRLJ 1784 KARACHI-HIGH-COURT-SINDH
Sindh · 2007
MUHAMMAD RAMZAN alias JANI VS MUHAMMAD ASLAM Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--4 , Illegal Dispossession Act 2005--7 , ---Ss. 3, 4 & 7---Initiating civil and criminal proceedings simultaneously---Respondents allegedly having forcibly and illegally trespassed the land owned by applicant with a common intention to grab , the property, applicant filed civil s
2006 SCMR 1073 SUPREME-COURT
Supreme Court · 2006
QURBAN ALI VS COMMISSIONER West Pakistan Land Revenue Rules 1968--RULE , ---Rr. 67-A & 67-B---Forcible wrongful dispossession---Provisions of Rr.67-A & 67-B of West Pakistan Land Revenue Rules, 1968---Applicability---Factual controversy---Constitutional petition before High Court---Maintainability---Predecessor-in-interest of petitioners was wrongfully dispossessed from disputed land and R
2006 SCMR 1068 SUPREME-COURT
Supreme Court · 2006
BARKAT MASIH VS MANZOOR AHMAD 1983 SCMR 1064, Constitution of Pakistan 1973--185 , Specific Relief Act 1877--42 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Declaratory suit, pendency of---Recovery of possession---Procedure---Relationship of landlord and t
2006 SCMR 1032 SUPREME-COURT
Supreme Court · 2006
Ch. SHAHBAZ BABAR VS Mrs. REHMANA MIRZA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13---Constitution of Pakistan (1973), Art.185(3)---Non-residential property---Landlady sought ejectment of tenant for bona fide need of her husband---Leave to appeal was granted to examine whether in view of deliberate omission of the word "husband" in S.13, West Pakistan Urban Rent Rest
2006 PLD 549 SUPREME-COURT
Supreme Court · 2006
AMIN and others VS Hafiz GHULAM MUHAMMAD Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13---Constitution of Pakistan (1973), Art.185 (3)---Ejectment of tenant---Wilful default in payment of monthly rent---Dispute over title---Land under shops in question was transferred to respondent in year 1960, who constructed superstructure and ind
2006 PLD 549 SUPREME-COURT
Supreme Court · 2006
AMIN and others VS Hafiz GHULAM MUHAMMAD 1976 SCMR 77, 1981 SCMR 139, 1982 SCMR 1120, 1986 SCMR 795, 1989 SCMR 913, 1992 SCMR 1352, 1995 SCMR 678, 1996 MLD 1543, 1996 MLD 948, PLD 1985 SC 1, PLD 1992 SC 401, Constitution of Pakistan 1973--185 , Qanun-e-Shahadat Order 1984--115 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13---Qanun-e-Shahadat (10 of 1984), Art.115---Co
2006 SCMR 145 SUPREME-COURT
Supreme Court · 2006
GHULAM MUSTAFA BUGHIO VS ADDITIONAL CONTROLLER OF RENTS, CLIFTON Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963--6-A , ----Ss. 6-A, 17 & 24---Ejectment of tenant was sought on the ground of bona fide personal need of the landlord---Tenant, on expiry of 11 months lease period, filed suit for permanent injunction
2006 SCMR 145 SUPREME-COURT
Supreme Court · 2006
GHULAM MUSTAFA BUGHIO VS ADDITIONAL CONTROLLER OF RENTS, CLIFTON Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963--6-A , Constitution of Pakistan 1973--185 , --Ss. 6-A, 17 & 24---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlord---Tenant deliberately failed to comply with order dire
2006 SCMR 76 SUPREME-COURT
Supreme Court · 2006
ANWAR AHMAD VS Mst. FAIZA HASSAN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art.185 (3)---Ejectment of tenant---Default in payment of monthly rent and sub-letting of premises---Ejectment application was dismissed by Rent Controller having not found any default in monthly rent and sub-letting of premises---Appel
2006 PLD 214 SUPREME-COURT
Supreme Court · 2006
Mst. MOBIN FATIMA VS MUHAMMAD YAMIN 1999 SCMR 1796, PLD 2001 SC 415, Constitution of Pakistan 1973--199 , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art. 199---Ejectment of tenant---Constitutional jurisdiction of High Court---Scope---Substitution of findings of fact---Rent Controller dismissed ejectment application but Appellate Court allowed the
2006 SCMR 1872 SUPREME-COURT
Supreme Court · 2006
MUHAMMAD ASIF KHAN VS SHEIKH ISRAR 1987 SCMR 1313, 1995 SCMR 204, 2001 SCMR 1140, Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , ---Ss. 10 (3) & 15---Ejectment of tenant---Wilful default in payment of monthly rent---Deposit of rent in the office of Rent Controller---Principle---Tenant had been continuously tendering rent to landlord through money ord
2006 CLC 112 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2006
SIKANDAR KHAN VS Syed ABDUL HALEEM AGHA 1978 SCMR 437, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , -Ss. 13 & 14---Ejectment of tenant---Subsequent eviction application---Principles of res judicata---Applicability ---Subsequent eviction application filed on fresh cause of action, on any ground including personal bona f
2006 CLC 112 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2006
SIKANDAR KHAN VS Syed ABDUL HALEEM AGHA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13---Ejectment of tenant---Bona fide personal need of landlord---Proof---While bringing eviction application for personal requirement, landlord has to lead evidence regarding his personal requirement and to substantiate the same through independent evidence.
2006 CLC 112 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2006
SIKANDAR KHAN VS Syed ABDUL HALEEM AGHA West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --Ss.13 & 15---Ejectment of tenant---Bona fide personal need of landlord for his son---New cause of action---Failure to produce son as witness---Effect---Landlord filed ejectment application on the ground of bona fide personal need of s
2006 PLD 329 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
IRFAN AHMAD KHAN VS FEDERATION OF PAKISTAN Constitution of Pakistan 1973--199 , Constitution of Pakistan 1973--4 , West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966--5 , ----S. 5---Constitution of Pakistan (1973), Arts.4 & 199---Constitutional petition---Right of individuals to be dealt with in accordance with law---Petitioners, claiming to be the occupan
2006 CLC 1881 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
AFFAN KHALID VS ABDUL RAZZAQ 2001 SCMR 209, 2003 SCMR 1493, 2004 SCMR 400, Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---S. 15(6)---Constitution of Pakistan (1974), Art.199---Order of eviction of tenant from shop---Appellate Authority set aside such eviction order---Non-filing of second appeal by landlord and instead of filing constituti
2006 YLR 2274 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
Dr. IMTIAZ AHMED AULAKH VS Mian MUHAMMAD ARSHAD 1994 CLC 331, 2002 SCMR 1540, Cantonments Rent Restriction Act 1963--17 , ---S.17(8) (9)---Default in payment of rent--Striking off defence---Rent Controller had passed the order for depositing arrears of past rent and future rent---Tenant did not comply with the said order---Application for striking off defence of the tenant was filed--Tena
2006 YLR 2268 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
KHURSHID AHMAD VS ABDUL RASHID NIZAMI 1996 SCMR 877, PLD 1990 SC 382, PLD 1991 SC 242, PLD 1999 SC 1101, Constitution of Pakistan 1973--199 , Specific Relief Act 1877--12 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.12---Constitution of Pakistan (1973), Art.199---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Constitutional petition---Agreement to
2006 YLR 2268 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
KHURSHID AHMAD VS ABDUL RASHID NIZAMI 1996 SCMR 877, PLD 1990 SC 382, PLD 1991 SC 242, PLD 1999 SC 1101, Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--6 , Constitution of Pakistan 1973--199 , Specific Relief Act 1877--12 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13---Specific Relief Act (I of 1877), S.12---Civil P
2006 YLR 2046 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
M. H. MUSADDIQ VS MUHAMMAD ZAFAR Cantonments Rent Restriction Act 1963--17 , ---S. 17(8) & (9)---Wilful default---Striking off defence---Tenant was ordered to deposit arrears of rent within one week and monthly rent on the 5th of every month---Tenant was held as defaulter-No compelling or unavoidable circumstances were shown for the default and no error or jurisdiction was pointed out by t
2006 YLR 1438 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
PAKARAB FERTILIZERS (PVT.) LTD. VS EVACUEE TRUST PROPERTY BOARD through Chairman 1987 CLC 213, 1999 SCMR 138, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Evacuee Trust Properties (Management and Disposal) Act 1975--16 , Evacuee Trust Properties (Management and Disposal) Act 1975--8 , ----Ss. 8 & 16---Constitution of Pakistan (1973), Art.199---Constitutional petiti
2006 YLR 1366 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
ABDUL GHAFFAR VS MUHAMMAD RAFIQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S.13---Ejectment of tenant---Execution proceedings---Restoration of possession---Respondent was dispossessed from the premises---In execution of eviction order---Respondent filed application for restoration of possession on the ground that no eviction order was passed against him---Application was a
2006 YLR 1240 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
Haji ALTAF AHMED VS Haji AHMED DIN 1984 SCMR 741, 1988 CLC 402, 2000 CLC 1684, PLD 1985 SC 1, PLD 1991 SC 242, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13(3)(a)(ii) & 15---Ejectment of tenant on ground of personal bona fide need---Second appeal---Premises in question were obtained by father of appellant on r
2006 YLR 1196 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
MUHAMMAD YOUSAF VS KARAM ELAHI Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Specific Relief Act 1877--52 , Specific Relief Act 1877--53 , Specific Relief Act 1877--54 , West Pakistan Land Revenue Act 1967--172 , West Pakistan Land Revenue Rules 1968--RULE , ---S. 172---West Pakistan
2006 YLR 467 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
AUQAF DEPARTMENT VS MUHAMMAD SADIQ 1995 MLD 45, 1997 MLD 2444, Limitation Act 1908--14 , Punjab Waqf Properties Ordinance 1979--3 , Punjab Waqf Properties Ordinance 1979--9 , Specific Relief Act 1877--42 , Specific Relief Act 1877--55 , Specific Relief Act 1877--8 , West Pakistan Waqf Properties (Administration) Rules 1960--RULE , ---Ss.3(3) & 9(2)---West Pakistan Waqf Properties (Adminis
2006 YLR 467 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
AUQAF DEPARTMENT VS MUHAMMAD SADIQ Code of Civil Procedure 1908--115 , Punjab Waqf Properties Ordinance 1979--3 , Punjab Waqf Properties Ordinance 1979--9 , Specific Relief Act 1877--42 , Specific Relief Act 1877--55 , Specific Relief Act 1877--8 , West Pakistan Waqf Properties (Administration) Rules 1960--RULE , --Ss.3 & 9---West Pakistan Waqf Properties (Administration) Rules, 1960, R.7-
2006 CLC 745 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
S.M. ISMAIL VS CAPITAL DEVELOPMENT AUTHORITY, ISLAMABAD through Chairman 1970 SCMR 434, 1993 MLD 152, 2002 SCMR 312, 2003 CLC 1819, 2003 SCMR 1221, 2003 SCMR 1505, PLD 1973 SC 236, PLD 1991 SC 1041, PLD 2000 Lah. 101, Capital Development Authority Ordinance 1960--49 , Constitution of Pakistan 1973--199 , ---S. 49(b)---Constitution of Pakistan (1973), Art.l99---Constitutional petition---ev
2006 PLD 774 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
NASIM AHMAD KHAN VS ADDITIONAL DISTRICT JUDGE, LAHORE 1981 SCMR 711, 1984 SCMR 741, 1985 SCMR 241, 1986 MLD 1342, 1986 SCMR 451, 1990 CLC 901, 1991 MLD 1335, 1997 SCMR 1986, 2003 SCMR 1416, 2004 CLC 862, 2004 SCMR 1568, 2004 SCMR 1614, 2004 SCMR 738, 2005 MLD 1232, 2005 SCMR 840, PLD 1985 SC 46, PLD 1991 SC 242, Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordina
2006 PLD 684 LAHORE-HIGH-COURT-LAHORE
Punjab · 2006
Malik NAZAR HUSSAIN VS Commander (R.) ZAFAR IQBAL 1982 CLC 255, Cantonments Rent Restriction Act 1963--17 , Contract Act 1872--42 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 17(9)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(6)---Contract Act (IX of 1972), S.42---Bona fide personal need of landlord---Cause of action not abating on death of landlo
2006 YLR 1720 KARACHI-HIGH-COURT-SINDH
Sindh · 2006
SHAHZAD USMAN VS PRESIDING OFFICER, DISTRICT AND SESSIONS JUDGE, SOUTH, KARACHI 1985 CLC 1606, 1987 CLC 301, 1988 SCMR 322, 1991 SCMR 1103, 1992 SCMR 46, 1999 MLD 3031, 2000 SCMR 845, 2002 CLC 256, 2003 MLD 1033, PLD 1979 Quetta 39, PLD 1985 SC 131, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance
2006 YLR 1389 KARACHI-HIGH-COURT-SINDH
Sindh · 2006
SHOAIB MUHAMMAD VS KULSOOM BIBI 1980 SCMR 601, 1985 CLC 1949, 1986 SCMR 1857, 1989 SCMR 403, 1990 CLC 1061, 1998 MLD 940, PLD 1984 SC 32, Cantonments Rent Restriction Act 1963--17 , --S.17(2) (i)-Default in payment of rent---Tenant had claimed that he sent rent through money order and on refusal of landlord to accept same he sent cheque, but tenant neither had placed on record acknowledge
2006 CLC 99 KARACHI-HIGH-COURT-SINDH
Sindh · 2006
SULTAN AHMAD VS ADDITIONAL DISTRICT JUDGE-I, KARACHI SOUTH 2000 SCMR 1292, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , --S.15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Failure to specify nature of business---Selection of premises---Re
2006 CLC 5 KARACHI-HIGH-COURT-SINDH
Sindh · 2006
MUHAMMAD ABDUL VAKEEL VS GHULAM AKBAR SHAIKH PLD 1988 SC 190, PLD 2005 SC 34, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Ejectment of tenant---Adjustment of security deposit towards monthly rent---Landlor
2005 SCMR 882 SUPREME-COURT
Supreme Court · 2005
Messrs SUHAIL PRINTING PRESS VS Syed ALEY EBA ZAIDI Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--17 , Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--19 , Sindh Rented Premises Ordinance 1979--21 , ----S. 21---Civil Procedure Code (V of 1908), O.XLI, Rr.17 & 19---Appeal---Absence of tenant---Dismissal on merits---Rent Controller passed
2005 SCMR 840 SUPREME-COURT
Supreme Court · 2005
Haji SAID WAHAB KHAN VS AMJAD ALI Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(ii)(a)---Constitution of Pakistan (1973), Arts.199 & 185(3)---Ejectment of tenant---Subletting of premises---Landlord filed ejectment application on the ground of default in payment of monthly rent and also sublett
2005 SCMR 840 SUPREME-COURT
Supreme Court · 2005
Haji SAID WAHAB KHAN VS AMJAD ALI Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --S. 15---Constitution of Pakistan (1973), Arts.199 & 185(3)---Ejectment of tenant---Abandoning of plea of default---Effect---Rent Controller passed eviction order and one of the grounds of eviction was default in payment of m
2005 PLD 34 SUPREME-COURT
Supreme Court · 2005
Mst. FATIMA GUL VS Malik SAEED AKHTAR PLD 1967 SC 530, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Constitution of Pakistan 1973--185 , ----Ss.17 & 27---Constitution of Pakistan (1973), Art. 185 (3)---Ejectment of tenant---Striking off defence---Tentative rent order, non-compliance of---Wilful default in deposit of rent---Holding of inquiry by R
2005 PLD 455 SUPREME-COURT
Supreme Court · 2005
Mst. NASEEM FATIMA through Legal Heirs VS Sheikh ALA-UD-DIN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Execution of eviction order---Predecessor-in-interest of the landlords purchased the premises from predecessor-in-interest of tenants through registered sale-
2005 PLD 27 SUPREME-COURT
Supreme Court · 2005
Mrs. YASMEEN MALIK and others VS Mrs. SAFIA BEGUM 1987 SCMR 2051, Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ----S.15---Constitution of Pakistan (1973), Art.185 (3)---Ejectment of tenant---Bona fide personal need of landlady---Proof---Concurrent findings of fact by the Courts below---Landlady being widow required the premises for her own use and use of
2005 SCMR 1476 SUPREME-COURT
Supreme Court · 2005
SADAT ALI BAIG and others VS BUX ILLAHI Sindh Rented Premises Ordinance 1979--15 , ---S. 15(2)(iii)(c)---Ejectment of tenant---Change in original structural plan of premises---Violating tenancy agreement---Ejectment application was accepted by Rent Controller and eviction order was passed on the ground that the tenant had demolished a wall in-between the shop and the store---High Court in
2005 YLR 2784 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
Sh. SANA ULLAH VS FARAH DIBA West Pakistan Urban Rent Restriction Ordinance 1959--15 , --S. 15(6)---Default---Denial of relation-ship of landlord and tenant---Respondent filed ejectment petition seeking eviction of petitioners from two shops on ground of default---Petitioner took the plea that he was not a tenant, but was owner of the disputed property on the basis of oral sale---Only one
2005 YLR 2328 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
Mst. MUMTAZ BEGUM VS MAQSOOD AHMAD 1991 SCMR 429, 2000 SCMR 226, PLD 1980 SC 9, PLD 1993 Lah. 121, PLD 2003 SC 477, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13(2)(i)(iii), 13(3), 13(6) & 15(6)---Ejectment proceedings---Non-compliance of tentative rent order---Striking off defence of tenant---Rent Controller,
2005 YLR 1738 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
ABDUL KARIM VS MUHAMMAD ISMAIL Code of Civil Procedure 1908--115 , Maintainability--TERM , Specific Relief Act 1877--42 , ----S.42, proviso---Civil Procedure Code (V of 1908), S.115---Suit for declaration of title---Maintainability---Relief of possession, non-seeking of--Effect---Concurrent findings of fact by the Courts below---Plaintiff sought declaration of title regarding suit-land but
2005 CLC 1758 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
Hafiz ALTAF AHMED VS Haji AHMED DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(3)(a)(ii), first proviso---Personal bona fide need of landlord---First tenancy agreement which was executed for a period of 11 months showed one of the conditions that premises in question would not be got vacated by landlord from tenant on ground of personal need of landlord---After expi
2005 CLC 1119 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
Mst. MUNAWAR SULTANA VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--2 , Islamabad Rent Restriction Ordinance 2001--6 , -Ss. 6, 17 & 2(j)---Constitution of Pakistan (1973), Art. 199--¬Constitutional petition---Landlord moved eviction applic
2005 CLC 882 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
NURICON UNION (PVT.) LTD. through Officer Incharge, Islamabad VS MUHAMMAD NASAR SAJJAD Arbitration Act 1940--34 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , --S. 17---Arbitration Act (X of 1940), S.34---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment application---Stay of proceedings---
2005 CLC 861 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
ZAKIR ULLAH VS Mrs. SAROSH YAQOOB 1981 SCMR 276, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13(6)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Striking off defence---Non-compliance of tentative rent order---Rent Controller passed tentative rent order and
2005 CLC 861 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
ZAKIR ULLAH VS Mrs. SAROSH YAQOOB West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13(6)---Ejectment of tenant---Striking off defence---Plea of filing of ejectment application by unauthorized person---Defence of tenant was struck off by Rent Controller, resultantly eviction order was passed---Contention of the tenant before High Court was that the power of attorney in favour
2005 CLC 852 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
Sh. ATTA MUHAMMAD VS ZAHID UMAR HAYAT 1980 SCMR 41, 1981 SCMR 1087, 1981 SCMR 924, 1996 MLD 797, 1997 SCMR 1819, 2003 YLR 3304, PLD 1992 SC 401, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--22 , ----Ss. 13 & 22---Ejectment sought for reconstruction of the property---Concurrent findings of fact by the Courts below---Resource
2005 CLC 852 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
Sh. ATTA MUHAMMAD VS ZAHID UMAR HAYAT 1980 SCMR 41, 1981 SCMR 1087, 1981 SCMR 924, 1996 MLD 797, 1997 SCMR 1819, 2003 YLR 3304, PLD 1992 SC 401, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--22 , ---Ss. 13 & 22---Ejectment sought for reconstruction of the property---Concurrent findings of fact by the Courts below---Resources
2005 MLD 1493 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
AMIR AKBAR KHAN VS IRSHAD AHMED KHOKHAR Islamabad Rent Restriction Ordinance 2001--17 , --S. 17---Bona fide personal need of landlord---Scope---Plea of landlord of utilization of part of rented shops by his doctor daughter having arisen as an additional ground for eviction of tenant would not negate landlord's bona fide personal need---Protection had been given to the tenant under S.17(6)
2005 MLD 1493 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
AMIR AKBAR KHAN VS IRSHAD AHMED KHOKHAR 1987 SCMR 307, PLD 1987 Kar. 16, Constitution of Pakistan 1973--199 , Islamabad Rent Restriction Ordinance 2001--11 , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--6 , ---Ss. 11, 17 & 6---Constitution Pakistan (1973), Art.199--- Constitutional petition---Ejectment of tenant was sought on the grounds of pe
2005 CLC 594 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
PERVAIZ VS AMIR AZIZ 2004 SCMR 595, West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --Ss. 13 & 13-A---Bona fide personal need of landlord---Change of ownership of property---Relationship of landlord and tenant---Contentions of the tenant were that no property number was given in the eviction application nor in the sale-
2005 CLC 446 LAHORE-HIGH-COURT-LAHORE
Punjab · 2005
HAMAYUN through L.Rs. VS Mst. NAMWAR KHATOON through L.Rs. West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss. 13(6)---Ejectment of tenants was sought on the ground of re¬construction of the premises by landlady---Contentions of the tenants were that the property in dispute did not correspond to the one, for which the landlady had obtained the plan and in this regard, an appli
2005 YLR 1106 KARACHI-HIGH-COURT-SINDH
Sindh · 2005
TANVIR RAJPUT VS RUKIYA DADA 1983 CLC 470, 1990 CLC 849, PLD 1966 SC 182, PLD 1985 Kar. 633, PLD 1985 Kar. 698, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , --Ss.15 & 16---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Wilful default in
2005 CLC 1675 KARACHI-HIGH-COURT-SINDH
Sindh · 2005
UNITED BANK LIMITED VS MUHAMMAD RAFI 1986 MLD 735, 1991 SCMR 496, PLD 1958 SC 104, PLD 1964 SC 106, PLD 1964 SC 337, PLD 1975 SC 331, PLD 1981 SC 112, PLD 1983 SC 155, PLD 1987 SC 145, PLD 1996 SC 246, PLD 1998 Kar. 133, PLD 1998 SC 363, Code of Civil Procedure 1908--115 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979--22 , ---Ss. 21 & 22---Civil Procedur
2005 CLC 768 KARACHI-HIGH-COURT-SINDH
Sindh · 2005
SOHAIL VS Mst. RASHIDA BEGUM 2000 CLC 1813, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---Payment of monthly rent---Onus to prove---Rent Controller dismissed the application but Appellate
2005 CLC 388 KARACHI-HIGH-COURT-SINDH
Sindh · 2005
SAEED AHMED VS CANTONMENT BOARD, MALIR CANTT Constitution of Pakistan 1973--4 , ---S. 5---Constitution of Pakistan (1973), Art.4---Right of individuals to be dealt with in accordance with law---Scope---Holding of enquiry before passing an order, for dispossession---Opportunity of hearing---Necessity---"Satisfaction" under S.5 of the Ordinance was: a condition precedent to exercise authorit
2005 CLC 388 KARACHI-HIGH-COURT-SINDH
Sindh · 2005
SAEED AHMED VS CANTONMENT BOARD, MALIR CANTT Cantonments Act 1924--273 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--10 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--11 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Recovery of Possession) Ordi
2005 PLD 205 KARACHI-HIGH-COURT-SINDH
Sindh · 2005
MAZHARUDDIN VS HUSSAIN BAKHSH Constitution of Pakistan 1973--199 , ----S. 15---Constitution of Pakistan (1973), Art.199---Bona fide personal need of landlord---Ejectment---Constitutional, jurisdiction of High Court-¬-Scope---Concurrent findings of fact by the Courts below---Misreading and non-reading of evidence---Rent Controller dismissed ejectment application of landlord filed on the gro
2004 SCMR 807 SUPREME-COURT
Supreme Court · 2004
ABDUL MAJEED VS MUHAMMAD BOOTA Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--185 , Punjab Tenancy Act 1887--39 , ----S. 39---Civil Procedure Code (V of 1908), 0.1, Rr.9 & 10(2)--Constitution of Pakistan (1973). Art.185(3)---Ejectment of occupancy tenant ---Decree_ of Trial Court upheld by Appellate Court was set aside by High Court in revisi
2004 SCMR 443 SUPREME-COURT
Supreme Court · 2004
MUHAMMAD ANWAR AZIM VS R.I. G.B. EDUCATION BOARD Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21-A , ----S.21-A, proviso [as inserted by Sindh Rented Premises (Amendment) Ordinance (XIV of 2001)]---Constitution - of Pakistan ' (1973), Art. 185(3)---Sindh Government Notification, dated 14--4-2001---Appeals as were fixed for judgment before the High Court instea
2004 SCMR 415 SUPREME-COURT
Supreme Court · 2004
MUHAMMAD SULEMAN VS ABDUL SATTAR Appeal--TERM , Cantonments Rent Restriction Act 1963--24 , Constitution of Pakistan 1973--185 , ----S.24---Constitution of- Pakistan (1973), Art. 185(3)---Appeal--Maintainability---Failure to implead necessary parties---Plea of subletting of premises was raised by landlord---Rent Controller allowed ejectment application and eviction order was passed against
2004 SCMR 115 SUPREME-COURT
Supreme Court · 2004
ABDUR REHMAN VS Syed TASADDUQ HUSSAIN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Proof---Failure to prove other pleas raised by landlord---Contention of tenant was that the statement of landlord recorded on oath did not command respect and the plea of the pe
2004 PLD 921 SUPREME-COURT
Supreme Court · 2004
ABDUL RAHMAN VS PAKISTAN STATE OIL COMPANY LTD Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Constitution of Pakistan (1973). Art.185(3)---Bona fide personal need of landlord---Leave to appeal was granted by the Supreme Court to consider whether the High Court was right in holding that a case for eviction on the ground of personal requirement w
2004 SCMR 1607 SUPREME-COURT
Supreme Court · 2004
MUHAMMAD IQBAL VS Syed SOHAIL WAJID GILLANI Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ----S. 17---Constitution of Pakistan (1973), Art. 185(3) --- Ejectment of tenant---Bona fide personal need of landlord---Proof---Failure to mention nature of business by landlord intended to be started in shop in question---Rent Controller dismissed the ejectment pet
2004 SCMR 1453 SUPREME-COURT
Supreme Court · 2004
M.H. MUSSADAQ VS MUHAMMAD ZAFAR IQBAL and another 1986 SCMR 1705, 1995 SCMR 287, Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ---S. 17(9)---Constitution of Pakistan (1973), Art.185, (3)---"Default"---Striking off defence---Tentative rent order, non-compliance of---Default of few days in deposit of tentative rent---Rent Controller passed tentative rent o
2004 SCMR 1070 SUPREME-COURT
Supreme Court · 2004
MUHAMMAD ZUBAIR VS Mian MUHAMMAD ZIA 1993 CLC 2435, PLD 1988 Quetta 42, Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ----S. 17(8)(9)---Constitution of Pakistan (1973), Art. 185(3)---Tentative rent assessment---Striking off defence---Failure to work out arrears of rent---Disputed covered area. of the premises---Non deciding the miscellaneous applications
2004 CLC 582 PESHAWAR-HIGH-COURT
KPK · 2004
ABBAS KHAN VS HAFEEZ-UR-REHMAN Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----Ss. 2(c) & 13---Constitution of Pakistan (1973), Art.199--Constitutional petition ---Ejectment of tenant---Relationship of landlord and tenant---Proof---Tenants denied existence of such relationship on the ground that the land beneath the shops was not owned by
2004 CLC 189 PESHAWAR-HIGH-COURT
KPK · 2004
MUJEEBUR REHMAN VS ZAFAR ALI KHAN Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order XX of C.P.C. Judgement and Decree--5 , ----S. 17(2)---Civil Procedure Code (V of 1908), O.XX, R.5---Ejectment of tenant---Default in monthly rent---Proof---Solitary statement of landlord---Provisions of Civil Procedure Code, 1908---Applicability--Non-speaking order passed by Rent Cont
2004 CLC 176 PESHAWAR-HIGH-COURT
KPK · 2004
FAIZUR REHMAN VS Haji AMIR MAQSOOD West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13(2)(vi)---Ejectment of tenant---Plea of reconstruction---Site plan produced by landlord was not got sanctioned from Municipal Committee or Town Committee of the concerned area---Effect---Landlord having failed to comply with the requirements of law---eviction order on the basis of such sit
2004 PLD 62 PESHAWAR-HIGH-COURT
KPK · 2004
MANZOOR ELAHI VS Mst. SURRAYA JABIN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Qanun-e-Shahadat Order 1984--117 , Qanun-e-Shahadat Order 1984--120 , ----Ss. 17 & 24---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120--Bona fide personal need of landlady---Onus to prove---Son of landlady appeared as her attorney before Rent Controller and fully subs
2004 YLR 2555 LAHORE-HIGH-COURT-LAHORE
Punjab · 2004
MUHAMMAD FAROOQ BUTT VS TARIQ SHARIF and another West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Bona fide personal need of landlord---Landlord living in rented premises---Conversion of residential property into commercial---Tenant admitted his possession but raised a plea that the premises was not residential but was commercial---Effect---Even if the landlord had acq
2004 YLR 879 LAHORE-HIGH-COURT-LAHORE
Punjab · 2004
Mst. AMTUL KARIM VS ROSHAN DIN 1983 SCMR 1064, PLD 1988 SC 221, Specific Relief Act 1877--54 , Specific Relief Act 1877--8 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----Ss. 8, 42 & 54---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15(8)---Civil Procedure Code (V of 1908), O. VIII, R.3---Declaration of title and recovery of possession---Incorrect descri
2004 YLR 647 LAHORE-HIGH-COURT-LAHORE
Punjab · 2004
MUHAMMAD LATEEF VS Mst. PARVEEN AKHTAR 1990 SCMR 997, West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Second appeal---Bona fide personal need of landlady---Death of landlady---Abatement of ejectment petition---Sons of landlady, despite being educated, did not have any job or business---Sons of landlady were neither owners nor in possession of any other shop in the co
2004 CLC 1320 LAHORE-HIGH-COURT-LAHORE
Punjab · 2004
Mian MUHAMMAD ASLAM and another VS SHER AFGAN, ADDITIONAL DEPUTY COMMISSIONER GENERAL COLLECTOR (CITY), LAHORE and 5 others West Pakistan Land Revenue Rules 1968--RULE , ----Rr. 67-A & 67-B---Constitution of Pakistan (1973), Art.199--Constitutional petition---Demarcation of land---Decree for possession--Revenue Officer, jurisdiction of---Grievance of petitioners was that the Revenue Author
2004 MLD 1685 LAHORE-HIGH-COURT-LAHORE
Punjab · 2004
MUHAMMAD HUSSAIN VS MEMBER, BOARD OF REVENUE (COLONIES) PUNJAB, LAHORE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Thal Development Act 1949--30 , Thal Development Act 1949--66 , ---Ss.30(3)(a) & 66---Constitution of Pakistan (1973), Art.199--¬Constitutional petition---Sheep and Poultry Breeding Scheme---eviction from Colony land---Petitioner was one of the applica
2004 MLD 1685 LAHORE-HIGH-COURT-LAHORE
Punjab · 2004
MUHAMMAD HUSSAIN VS MEMBER, BOARD OF REVENUE (COLONIES) PUNJAB, LAHORE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Thal Development Authority Colonization Appeal and Revision Rules 1973--RULE , --Rr.4 & 6---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of order---Review jurisdiction of Board of Revenue---Rescinding of earlier order b
2004 MLD 1297 LAHORE-HIGH-COURT-LAHORE
Punjab · 2004
DAULAT BIBI VS MUHAMMAD KHAN Civil Procedure Code --Order II of C.P.C. Frame of Suit--2 , Code of Civil Procedure 1908--11 , Specific Relief Act 1877--42 , Specific Relief Act 1877--8 , ----Ss.8 & 42---Civil Procedure Code (V of 1908), S.11, & O.II, R.2--Filing of second suit---Same cause of action---Principle of res judicata--Applicability---eviction of licensee---Disputed property was al
2004 YLR 344 KARACHI-HIGH-COURT-SINDH
Sindh · 2004
YAHYA POLARI RANOR VS Mst. SOFIA AFTAB 1986 CLC 1513, 1989 CLC 853, 1990 CLC 1708, 1997 MLD 923, PLD 1991 SC 835, Constitution of Pakistan 1973--199 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , ----Ss.15 & 18---Constitution of Pakistan (1973), Art.199---Default in payment of monthly rent---Change of ownership notice, non-receipt of---Tenant paid
2004 YLR 326 KARACHI-HIGH-COURT-SINDH
Sindh · 2004
Messrs SINGER PAKISTAN LIMITED VS Mst. ANWARI BEGUM 1984 CLC 2343, 1986 CLC 1534, 1986 CLC 681, 1988 SCMR 895, 1998 MLD 788, PLD 1978 SC 220, PLD 1985 Kar. 201, Constitution of Pakistan 1973--199 , ----S.14---Constitution of Pakistan (1973), Art. l99---Constitutional petition -- Ejectment of tenant ---Maintainability-- Need of premises by widow---Filing of ejectment petition without joini
2004 MLD 1993 KARACHI-HIGH-COURT-SINDH
Sindh · 2004
NAEEM AHMED JALBANI VS SARDAR ZAHIR KHAN Appeal--TERM , Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , ---Ss.17(8), 17(9) & 24---Appeal---Striking off defence---Tentative rent order, non-compliance of---Plausible explanation---Scope---eviction order was passed against the tenant on the ground that he failed to deposit tentative rent assessed by Rent
2004 CLC 308 KARACHI-HIGH-COURT-SINDH
Sindh · 2004
MUHAMMAD ASLAM VS KARACHI DEVELOPMENT AUTHORITY 1979 CLC 742, 1987 MLD 305, 1989 SCMR 836, 1999 CLC 723, 2002 CLC 1275, PLD 1987 SC 145, PLD 1993 Lah. 183, PLD 1995 SC 406, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Code of Civil Procedure 1908--11 , Sindh Public Property (Removal of Encroachment) Act 1975--11 , Sindh Public Property (Removal of Encroachment) Act 1975--12 , Sind
2003 PLD 625 SUPREME-COURT
Supreme Court · 2003
MUHAMMAD HUSSAIN AFZAL VS ZIAULLAH PLD 1978 SC 231, Civil Procedure Code --Order XIII of C.P.C. Production, Impounding and Return of Documents--9 , Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13---Civil Procedure Code (V of 1908), O.XIII, R.9---Constitution of Pakistan (1973), Arts.185(3) & 199--
2003 SCMR 722 SUPREME-COURT
Supreme Court · 2003
ATTA MUHAMMAD VS MIR AHMAD Sindh Rented Premises Ordinance 1979--2 , ----Ss.2(h) & 15---Ejectment proceedings---Maintainability---Property used as hotel---Scope---Hotel rented out to tenant is not deemed to be "premises" for the, purpose of maintaining ejectment petition before Rent Controller as the same has been expressly excluded from the definition of "premises" given in Sindh Rented P
2003 SCMR 464 SUPREME-COURT
Supreme Court · 2003
ILAM DIN VS CHIEF ADMINISTRATOR OF AUQAF, LAHORE West Pakistan Waqf Properties Ordinance 1961--7 , West Pakistan Waqf Properties Ordinance 1961 ----Ss.7, 6 & 2(d)---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),'S.4---Constitution of Pakistan (1973), Art.185(3)--Notification under S. 6 of the West Pakistan Waqf Properties Ordinance, 1961---Petition under S.7 of t
2003 SCMR 1797 SUPREME-COURT
Supreme Court · 2003
Ch. SHAHBAZ BABAR VS Mrs. REHMANA MIRZA Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Bona fide personal need of landlady for her husband---eviction order passed by Rent Controller was maintained by High Court---Validity---Leave to appeal was granted by Supreme C
2003 SCMR 1786 SUPREME-COURT
Supreme Court · 2003
Munir A. Sheikh, J Sh. MUHAMMAD HANIF VS FAHMIDA SULTANA Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlady ---Ejectment of tenant ordered by Rent Controller---Stay of execution of eviction order---Discretion exercised by Rent Controller---Scope---Landlad
2003 SCMR 1667 SUPREME-COURT
Supreme Court · 2003
MUHAMMAD ASLAM VS HANIF ABDULLAH & BROTHERS 1980 SCMR 593, 1995 SCMR 146, 2000 SCMR 542, PLD 1990 SC 394, Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Landlord was jobless who was not carrying on any business and the shop in question was situated in market of
2003 SCMR 1580 SUPREME-COURT
Supreme Court · 2003
KHADIM HUSSAIN VS NASIR AHMAD Sindh Rented Premises Ordinance 1979--13 , ----S.13(6)---Failure of tenant to comply with the order of the Rent Controller under S.13(6), West Pakistan Urban Rent Restriction Ordinance, 1959 to deposit the monthly rent by the due date--¬Consequences---Once the default in the compliance of order of Rent Controller under S.13(6) of the Ordinance was established,
2003 SCMR 1353 SUPREME-COURT
Supreme Court · 2003
NAZIR AHMAD VS Mst. BHAGAN BIBI Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Constitution of Pakistan (1973), Art. 185(3) --- Ejectment of tenant---Relationship of landlord and tenant---Determination---Petitioner claimed to be owner of the premises on the basis of Transfer Order issued by Settlement Authorities and the responden
2003 SCMR 1331 SUPREME-COURT
Supreme Court · 2003
PROVINCE OF PUNJAB VS Mst. UMAT UL BASIT Code of Civil Procedure 1908--12 , Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Non-appearance of tenant---Notice issued to District Attorney---Government was running a school
2003 PLD 27 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2003
MUHAMMAD ASLAM SHAH VS FIDA MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(2)(i)---Ejectment of tenant---Bona fide personal need of landlord--Frequent visits of landlord to a city in other province to attend his ailing--wife---Effect---Rent. Controller passed eviction order against the tenant--Tenant resisted
2003 PLD 581 LAHORE-HIGH-COURT-LAHORE
Punjab · 2003
MUSHTAQ HUSSAIN VS Chaudhary MUHAMMAD BAKHSH (ADVOCATE) Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--12 , Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction
2003 CLC 1819 LAHORE-HIGH-COURT-LAHORE
Punjab · 2003
Raja HASSAN ALI KHAN VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD Constitution of Pakistan 1973--199 , Islamabad Rent Restriction Ordinance 2001--17 , ----S. 17---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Petitioner's conduct---Relevancy and effect---Bona fide personal need of landlord---Default in payment of monthly rent---Tenants failed to deposit rent even after o
2003 YLR 1618 LAHORE-HIGH-COURT-LAHORE
Punjab · 2003
ASGHAR ALI VS ADDITIONAL DISTRICT JUDGE, FEROZEWALA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13(1)---Civil Procedure Code (V of 1908), S.9---eviction of tenant---Jurisdiction of Civil Court in matters covered by the Ordinance not expressly but impliedly barred by virtue of S.13 of the Ordinance providing that tenant would not be ejected except in accordance with prov
2003 YLR 1618 LAHORE-HIGH-COURT-LAHORE
Punjab · 2003
ASGHAR ALI VS ADDITIONAL DISTRICT JUDGE, FEROZEWALA Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--1 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , ----Ss.1(2), 2(j) & 13(1)---Civil Procedure Code (V of 1908), S.9---Notification SOV(LG) 5-15/95 (SKP), dated 13-12-1997--¬Constitution of Pakistan (1973), Art. 199--¬Constitutional petitio
2003 YLR 1268 LAHORE-HIGH-COURT-LAHORE
Punjab · 2003
Sh. NAVEED YAQOOB VS FEDERAL GOVERNMENT Cantonments Rent Restriction Act 1963--3 , Transfer of Property Act 1882--116 , ----S. 116---Cantonments Rent Restriction Act (XI of 1963), S.3 (b)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Constitutional jurisdiction of High Court---Scope---Recovery of possession--Land owned by Cantonment Board--Provisions of S.116 of T
2003 YLR 1245 LAHORE-HIGH-COURT-LAHORE
Punjab · 2003
HABIB MASIH VS ADDITIONAL DISTRICT JUDGE, LAHORE Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Cantonments Rent Restriction Act (XI of 1963), S.17---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Ejectment proceedings---Premises situated in cantonment area---Plea o
2003 YLR 1233 LAHORE-HIGH-COURT-LAHORE
Punjab · 2003
ROHAIL VS AHMAD Constitution of Pakistan 1973--199 , ----S.13(3) (a)---Constitution of Pakistan (1973), Art. 199---Bona fide personal need of landlord---Proof---Land underneath the cinema premises only was rented by the landlords and the superstructure alongwith its fittings, fixtures, etc. was owned by the tenant---Only one of the landlords appeared before the Rent Controller and he too i
2003 YLR 449 LAHORE-HIGH-COURT-LAHORE
Punjab · 2003
Dr. KAMRAN MASOOD VS Ch. SAADAT KHALID West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(2)(i)---Default in payment of rent by tenant holding over after determination of lease---Monthly rent fixed in previous agreement was Rs. 3, 900 payable by 5th of each month---Nothing was available on record to show that tenant had of
2003 CLC 1272 LAHORE-HIGH-COURT-LAHORE
Punjab · 2003
NUSRAT BIBI VS NAILA HANIF Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---eviction petition---Power of attorney showed that special attorney was delegated with the powers to engage a counsel in eviction petition; to pursue the eviction petition; to draw the rent
2003 CLC 44 LAHORE-HIGH-COURT-LAHORE
Punjab · 2003
SARFRAZ AHMAD KHAN VS DISTRICT JUDGE, MULTAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistani (1973), Art.199---Constitutional petition ---Ejectment of tenant---Striking off defence---Ex parte proceedings against tenant---Plea of non-service of summons and fraud--Tenant was represented by cou
2003 YLR 961 KARACHI-HIGH-COURT-SINDH
Sindh · 2003
MUHAMMAD SHAFI VS ABDUL RASHEED Constitution of Pakistan 1973--199 , Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Constitution of Pakistan (1973), Art. 199---Bona fide personal need of landlord---Default in payment of monthly rent---Concurrent findings of fact by the Courts below---Landlords had no other property and one of them had been working in motor workshop for last ten yea
2003 YLR 466 KARACHI-HIGH-COURT-SINDH
Sindh · 2003
UNIQUE SERVICES, SOLE PROPRIETORSHIP CONCERN VS OCCUPANT OWNERS WELFARE ASSOCIATION Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17(8) (9) & 24---eviction of tenant--Tentative rent order, non-compliance of--Application for extension of time, grant of--Effect---Tenant holding over after expiry of lease---Tenant was directed through order, dated 19
2003 YLR 466 KARACHI-HIGH-COURT-SINDH
Sindh · 2003
UNIQUE SERVICES, SOLE PROPRIETORSHIP CONCERN VS OCCUPANT OWNERS WELFARE ASSOCIATION Cantonments Rent Restriction Act 1963--24 , ----S. 17(8) (9) & 24---eviction of tenant--Tentative rent order, non-compliance of--Application for extension of time, grant of--Effect---Tenant holding over after expiry of lease---Tenant was directed through order, dated 19-6-2001 to deposit arrears within twen
2003 CLC 1631 KARACHI-HIGH-COURT-SINDH
Sindh · 2003
Mst. KHALIDA FAROOQ VS Mst. MARIAM YOUSUF 2000 MLD 695, 2001 PLC 325, 2003 YLR 226, PLD 1981 SC 246, PLD 1987 SC 447, Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Bona fide personal need of landlady--Rent Controller allowed the ejectment petition but the Appellate Court dismissed the same--¬Tenant agreed to pay enhanced rent but the landlady declined to accept the same and state
2003 PLD 188 KARACHI-HIGH-COURT-SINDH
Sindh · 2003
A.T.A. GHUMRO VS II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI Constitution of Pakistan 1973--199 , ----S. 15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Default in payment of monthly rent---Premises was owned by private limited Corporation and tenant being an employee of the Corporation was rented out the premises--Rel
2003 PLD 188 KARACHI-HIGH-COURT-SINDH
Sindh · 2003
A.T.A. GHUMRO VS II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Default in payment of monthly rent---Premises was owned by private limited Corporation and tenant being an employee of the C
2003 CLC 152 KARACHI-HIGH-COURT-SINDH
Sindh · 2003
MUNIR HASSAN KHAN VS Syed AZIZ AHMED Cantonments Rent Restriction Act 1963--23 , ---Ss. 17 & 23---Ejectment order passed in a second case---Doctrine of res judicata---Applicability---Landlord withdrew application for execution of ejectment order passed in first case after tenant executed new agreement agreeing to pay monthly rent and also arrears of rent on intervals specified therein---Te
2003 CLC 152 KARACHI-HIGH-COURT-SINDH
Sindh · 2003
MUNIR HASSAN KHAN VS Syed AZIZ AHMED Cantonments Rent Restriction Act 1963--27 , ---Ss. 17 & 27---Ex parte ejectment order against tenant on his failure to pay current rent arrears of rent and utility bills—Contention of tenant was that such order was violative of provisions of S. 27 of the Act—Validity---Tenant had not referred to any material for proving that Rent Controller had violated
2002 SCMR 480 SUPREME-COURT
Supreme Court · 2002
MUHAMMAD SHAM VS HAJI SHAISTA KHAN Maintainability--TERM , ----S.14---Subsequent eviction application---Maintainability---Where first application was filed on personal bona fide use regarding the premises but subsequently- another eviction application was moved on the main ground of reconstruction coupled with personal bona fide use of the premises, subsequent eviction application was main
2002 SCMR 480 SUPREME-COURT
Supreme Court · 2002
MUHAMMAD SHAM VS HAJI SHAISTA KHAN Constitution of Pakistan 1973--185 , ----Ss. 13 & 14---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether the subsequent application for eviction filed by the landlord before Rent Controller on the ground of personal and bona fide requirement of the premises was barred on the principle of res j
2002 SCMR 480 SUPREME-COURT
Supreme Court · 2002
MUHAMMAD SHAM VS HAJI SHAISTA KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13 & 14---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether the subsequent application for eviction filed by the landlord before Rent Controller on the ground of personal and b
2002 SCMR 480 SUPREME-COURT
Supreme Court · 2002
MUHAMMAD SHAM VS HAJI SHAISTA KHAN West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.14---Second eviction application---Bar contained in S.14 of West Pakistan Urban Rent Restriction Ordinance, 1959---Applicability---Previous order of Rent Controller that the premises was not required for personal-bona fide use would not cons
2002 SCMR 412 SUPREME-COURT
Supreme Court · 2002
MST. SAS BANO VS MST. MAHMOODA SABIR Constitution of Pakistan 1973--185 , ----S. 15---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Bona fide personal need of landlady---Demised shops were required by landlady for her sons who wanted to start their business there---Rent Controller allowed the application and appeal against eviction order was dismissed by High Court---
2002 SCMR 412 SUPREME-COURT
Supreme Court · 2002
MST. SAS BANO VS MST. MAHMOODA SABIR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Bona fide personal need of landlady---Demised shops were required by landlady for her sons who wanted to start their business there---Rent Controller allowed the application and appeal against ev
2002 SCMR 168 SUPREME-COURT
Supreme Court · 2002
ABDUL RASHID VS BABOO Constitution of Pakistan 1973--185 , ----S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlord---Admissions of tenant in cross-examination-- Rent Controller allowed eviction application filed by landlord and the order of eviction was maintained by High Court---Contention of the tenant was that the application filed by the la
2002 SCMR 168 SUPREME-COURT
Supreme Court · 2002
ABDUL RASHID VS BABOO Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlord---Admissions of tenant in cross-examination-- Rent Controller allowed eviction application filed by landlord and the order of eviction was maintained by High Court---Contention of the tena
2002 SCMR 1540 SUPREME-COURT
Supreme Court · 2002
MUHAMMAD NAZIR VS SAEED SUBHANI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 -- -S. 13(6)---Constitution of Pakistan (1973), Art. 185(3) Ejectment of tenant---Striking off defence--Plea of agreement to sell---Relationship of landlord and tenant between the parties was not denied by the tenant in the written statement---Tenant
2002 SCMR 1540 SUPREME-COURT
Supreme Court · 2002
MUHAMMAD NAZIR VS SAEED SUBHANI Constitution of Pakistan 1973--185 , -- -S. 13(6)---Constitution of Pakistan (1973), Art. 185(3) Ejectment of tenant---Striking off defence--Plea of agreement to sell---Relationship of landlord and tenant between the parties was not denied by the tenant in the written statement---Tenant, according to the agreement of sale, continued to retain the status of t
2002 SCMR 1266 SUPREME-COURT
Supreme Court · 2002
MUHAMMAD TUFAIL VS SHAHID PERVEZ Constitution of Pakistan 1973--185 , Specific Relief Act 1877--9 , ----Ss.12 & 9---Constitution of Pakistan (1973), Art. 185(3)---Specific performance of oral agreement to sell---Concurrent findings of fact by the Courts below---Plaintiff was initially tenant in the suit property, eviction proceedings went up to Supreme Court and the .eviction order attaine
2002 SCMR 1266 SUPREME-COURT
Supreme Court · 2002
MUHAMMAD TUFAIL VS SHAHID PERVEZ Specific Relief Act 1877--12 , Specific Relief Act 1877 ----Ss.12 & 9---Constitution of Pakistan (1973), Art. 185(3)---Specific performance of oral agreement to sell---Concurrent findings of fact by the Courts below---Plaintiff was initially tenant in the suit property, eviction proceedings went up to Supreme Court and the .eviction order attained finality-
2002 SCMR 1266 SUPREME-COURT
Supreme Court · 2002
MUHAMMAD TUFAIL VS SHAHID PERVEZ Constitution of Pakistan 1973--185 , Specific Relief Act 1877--9 , ----Ss.12 & 9---Constitution of Pakistan (1973), Art. 185(3)---Specific performance of oral agreement to sell---Concurrent findings of fact by the Courts below---Plaintiff was initially tenant in the suit property, eviction proceedings went up to Supreme Court and the .eviction order attaine
2002 YLR 1940 PESHAWAR-HIGH-COURT
KPK · 2002
MUHAMMAD IQBAL KHAN VS SARDAR BACHA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13(3)(a)(ii)---Bona fide personal need of landlord for his son ---Requisite qualification for business---Landlord required the shops for his son who intended to open a drug store--Objection raised by the tenant was that the son of landlord did not possess any diploma or certificate regarding
2002 YLR 1940 PESHAWAR-HIGH-COURT
KPK · 2002
MUHAMMAD IQBAL KHAN VS SARDAR BACHA West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----Ss. 13(3)(a)(ii), 13(4) & 15---Bona fide personal need of landlord for his son--Protection available to tenant---Landlord proved that shops in possession of tenant were required by hint for business of his son who was jobless---Both the Courts below had concurrently passed eviction order again
2002 CLC 1701 PESHAWAR-HIGH-COURT
KPK · 2002
AZIZ UR REHMAN VS Syed MUHAMMAD HASNAIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 -----S.13(3)(a)---Constitution of Pakistan (1973), Art. 199--- Constitutional petition---Bona fide personal need of landlord for his son---Concurrent findings of fact by the Courts below- Ejectment application was filed by landlord on the gro
2002 CLC 1701 PESHAWAR-HIGH-COURT
KPK · 2002
AZIZ UR REHMAN VS Syed MUHAMMAD HASNAIN Constitution of Pakistan 1973--199 , -----S.13(3)(a)---Constitution of Pakistan (1973), Art. 199--- Constitutional petition---Bona fide personal need of landlord for his son---Concurrent findings of fact by the Courts below- Ejectment application was filed by landlord on the ground that the shop in question was required by his son for business---Son
2002 CLC 1527 PESHAWAR-HIGH-COURT
KPK · 2002
SHER AZAM VS PRINCE AMIN COLONY West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---eviction proceedings before Rent Controller --Nature--Recording of evidence---Principles---Such proceedings are not in stricto senso judicial that evidence should be recorded in the same manner as in a civil suit---Rent Controller being "
2002 CLC 1527 PESHAWAR-HIGH-COURT
KPK · 2002
MUHAMMAD IQBAL VS GHAUNSULLAH KHAN Constitution of Pakistan 1973--199 , ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Ejectment of tenant---Concurrent findings of fact by the Courts below---Failure to produce evidence---Tenant did not comply with the order of the Rent Controller in furnishing the requisite affidavits despite passing of nine years of fili
2002 CLC 1523 PESHAWAR-HIGH-COURT
KPK · 2002
NASRULLAH JAN VS Mst. FARZANA BEGUM Constitution of Pakistan 1973--199 , ----S. 13---Constitution of Pakistan (1973) Art.199---Constitutional petition---Bona fide personal need of landlord---Concurrent findings of fact by the Courts below---Reappraisal of evidence by High Court in exercise : of Constitutional jurisdiction under Art. 199 of the Constitution---Validity---High Court does not
2002 CLC 1523 PESHAWAR-HIGH-COURT
KPK · 2002
NASRULLAH JAN VS Mst. FARZANA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973) Art.199---Constitutional petition---Bona fide personal need of landlord---Concurrent findings of fact by the Courts below---Reappraisal of evidence by High Court in exercise : of Constitutional jurisdic
2002 CLC 1206 PESHAWAR-HIGH-COURT
KPK · 2002
ABDUL MAJEED VS IFTIKHAR AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Civil Procedure Code (V of 1908), Preamble ---Ejectment proceedings---Provisions of Civil Procedure Code, 1908---Applicability-Though the provisions of C.P.C. are not entirely applicable to the proceedings under West Pakistan Urban Rent Re
2002 CLC 1206 PESHAWAR-HIGH-COURT
KPK · 2002
ABDUL MAJEED VS IFTIKHAR AHMAD Code of Civil Procedure 1908--PREAMBLE , ----S. 13---Civil Procedure Code (V of 1908), Preamble ---Ejectment proceedings---Provisions of Civil Procedure Code, 1908---Applicability-Though the provisions of C.P.C. are not entirely applicable to the proceedings under West Pakistan Urban Rent Restriction Ordinance, 1959, yet the Courts dealing with the eviction p
2002 CLC 307 PESHAWAR-HIGH-COURT
KPK · 2002
MST. MAJABEENA VS MUHAMMAD IBRAR Constitution of Pakistan 1973--199 , ----S. 13(2)(b)(vi)---Constitution of Pakistan (1973), Art. 199--Constitutional petition ---Ejectment of tenant---Plea of reconstruction--Concurrent findings of facts by the Courts below---Bona fides of landlord---Proposed construction was not located in the Khasra No. which was mentioned in the approved site plan of the
2002 CLC 307 PESHAWAR-HIGH-COURT
KPK · 2002
MST. MAJABEENA VS MUHAMMAD IBRAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(2)(b)(vi)---Ejectment of tenant---Plea of reconstruction ---Preconditions--- Reasonableness and good faith are pre-conditions for eviction of tenant under the provisions of S.13(2)(b)(vi) of the West Pakistan Urban Rent Restriction Ordinan
2002 CLC 28 PESHAWAR-HIGH-COURT
KPK · 2002
AMIR NAWAZ VS MEMBER, BOARD OF REVENUE, N.-W. F. P., PESHAWAR N.-W.F.P. Tenancy Act 1950--49 , N.-W.F.P. Tenancy Act 1950 ----S. 49---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Ejectment of tenant for default in payment of 'rent---" Defaulter" and "wilful defaulter"---Distinction---Plea raised by the tenant was that he was not a "wilful defaulter"---Validity---De
2002 CLC 28 PESHAWAR-HIGH-COURT
KPK · 2002
AMIR NAWAZ VS MEMBER, BOARD OF REVENUE, N.-W. F. P., PESHAWAR Constitution of Pakistan 1973--199 , ----S. 49---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Ejectment of tenant for default in payment of 'rent---" Defaulter" and "wilful defaulter"---Distinction---Plea raised by the tenant was that he was not a "wilful defaulter"---Validity---Default in the rent was a
2002 PLD 355 LAHORE-HIGH-COURT-LAHORE
Punjab · 2002
Khawaja ANWAR HASSAN VS NAVEED AHMAD CHAUDHRY West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(6)---Recovery of arrears or future rent---Jurisdiction of Rent Controller under S.13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959---Tenant failed to deposit tentative rent, resultantly his defence was struck off
2002 CLC 1354 LAHORE-HIGH-COURT-LAHORE
Punjab · 2002
GULISTAN COLONY, MUSTAFA ABAD, LAHORE through President VS ADDITIONAL DISTRICT JUDGE WITH POWERS OF RENT CONTROLLER, LAHORE Constitution of Pakistan 1973--194 , ----S. 13(2)(i)---Constitution of Pakistan (1973), Art.194---Constitutional petition ---Ejectment of tenant---Default in monthly rent---Landlord demanded 100% increase in monthly rent and refused to accept the agreed enhancement in
2002 CLC 1971 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
MAQSOOD AHMAD VS Shrimati BHAGWANI BAI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Specific Relief Act 1877--42 , ----Ss. 8 & 42---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Recovery of possession---Illegal possession---Statutory tenant, status of---Failure to seek declaration of title by plaintiff---Defendant resisted the suit o
2002 CLC 1971 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
MAQSOOD AHMAD VS Shrimati BHAGWANI BAI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Specific Relief Act 1877--42 , ----Ss. 8 & 42---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Recovery of possession---Illegal possession---Statutory tenant, status of---Failure to seek declaration of title by plaintiff---Defendant resisted the suit o
2002 CLC 1971 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
MAQSOOD AHMAD VS Shrimati BHAGWANI BAI Specific Relief Act 1877--8 , Specific Relief Act 1877 ----Ss. 8 & 42---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Recovery of possession---Illegal possession---Statutory tenant, status of---Failure to seek declaration of title by plaintiff---Defendant resisted the suit on the ground that he had taken the suit sho
2002 CLC 1598 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
Messrs INDUS MEDICAL STORE through duly Constituted Attorney VS MUHAMMAD SAEED ANSARI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Default in monthly rent---Proof---Landlord denied receipt of rent for the alleged default period---Landlord in his affidavit in evidence had reiterated the contents of application under S.15 of the Sindh Rented Prem
2002 MLD 808 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
ANJUMAN FALAH WA BEHBUD VS FEDERATION OF PAKISTAN Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--4 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--5 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocu
2002 MLD 808 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
ANJUMAN FALAH WA BEHBUD VS FEDERATION OF PAKISTAN Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965 ----Ss.3, 4 & 5---Sindh Katchi Abadis Act (II of 1987), S.19---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declar
2002 MLD 808 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
ANJUMAN FALAH WA BEHBUD VS FEDERATION OF PAKISTAN Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--4 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--5 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocu
2002 MLD 808 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
ANJUMAN FALAH WA BEHBUD VS FEDERATION OF PAKISTAN Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--4 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--5 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocu
2002 MLD 808 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
ANJUMAN FALAH WA BEHBUD VS FEDERATION OF PAKISTAN Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--4 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--5 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocu
2002 CLC 884 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
Master ABDUL MAJEED VS Haji MUHAMMAD BACHAL Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Ejectment of tenant---Default in monthly rent---Raising of new plea---Adjustment of property tax---Payment of the tax was never stated in the written statement and did not appear till the evidence of the landlord had been led---Tenant filed application for
2002 CLC 884 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
Master ABDUL MAJEED VS Haji MUHAMMAD BACHAL Proceedings--TERM , ----S. 15-Civil Procedure Code (V of 1908), O.VI, R.17---eviction proceedings---Pleadings, amendment of---Application was filed by tenant to raise new plea in defence---Such amendment Was sought after the close of evidence of landlord---Validity---Amendment sought was an afterthought and amounted to change the entire pleadings
2002 CLC 884 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
Master ABDUL MAJEED VS Haji MUHAMMAD BACHAL Ejectment of Tenant--TERM , ----S. 15---Ejectment of tenant---Default in monthly rent---Raising of new plea---Adjustment of property tax---Payment of the tax was never stated in the written statement and did not appear till the evidence of the landlord had been led---Tenant filed application for the amendment of pleadings wherein he wanted to int
2002 CLC 548 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
SATTAR VS SENIOR CIVIL JUDGE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , ----S. 15---Constitution of Pakistan (1973), Art. 199-Constitutional petition ---Ejectment of tenant ---Impleading of legal heirs of tenant as party to the eviction proceedings after death of the tenant---Contention of the legal heirs was that they had been impleade
2002 CLC 548 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
SATTAR VS SENIOR CIVIL JUDGE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , ----S. 15---Constitution of Pakistan (1973), Art. 199-Constitutional petition ---Ejectment of tenant ---Impleading of legal heirs of tenant as party to the eviction proceedings after death of the tenant---Contention of the legal heirs was that they had been impleade
2002 CLC 548 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
SATTAR VS SENIOR CIVIL JUDGE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , ----S. 15---Constitution of Pakistan (1973), Art. 199-Constitutional petition ---Ejectment of tenant ---Impleading of legal heirs of tenant as party to the eviction proceedings after death of the tenant---Contention of the legal heirs was that they had been impleade
2002 CLC 548 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
SATTAR VS SENIOR CIVIL JUDGE Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art. 199-Constitutional petition ---Ejectment of tenant ---Impleading of legal heirs of tenant as party to the eviction proceedings after death of the tenant---Contention of the legal heirs was that they had been impleaded in the proceedi
2002 CLC 78 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
MESSRS SHERANI BROTHERS VS MST. SARWAT AKHTAR Cantonments Rent Restriction Act 1963--24 , ----Ss. 17 & 24---eviction of tenant---Denial of relationship of landlord and tenant---eviction application filed by landlady was resisted by appellant on the ground that he was looking after the premises as attorney of his principal, who after purchasing same from landlady through agreement to yell,
2002 CLC 78 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
MESSRS SHERANI BROTHERS VS MST. SARWAT AKHTAR Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----Ss. 17 & 24---eviction of tenant---Denial of relationship of landlord and tenant---eviction application filed by landlady was resisted by appellant on the ground that he was looking after the premises as attorney of his principal, who after purchasing same fro
2002 PLD 108 KARACHI-HIGH-COURT-SINDH
Sindh · 2002
SYED AHMED TAIMOUR BUKHARI VS SHUJA-UR-REHMAN KHAN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Bona fide personal need of landlord---Landlord had two wives and their children and the premises was required for accommodation of his first wife and her children---Such fact had been specifically averred in the pleadings---Landlord had stated the
2002 PTD 1687 BOMBAY-HIGH-COURT-INDIABookmark this Case
2002
COMMISSIONER OF INCOME-TAX VS Miss PIROJA C. PATEL Indian Income Tax Act 1961--48 , Indian Income Tax Act 1961--55 , ----Capital gains---Deductions---Cost of improvement---Property sold to Bombay Municipal Corporation---Compensation paid for eviction of hutment dwellers from land---Removal of hutment dwellers improved value of lands---Expenditure incurred for vacating land amounted to cost
2002 PTD 1687 BOMBAY-HIGH-COURT-INDIABookmark this Case
2002
COMMISSIONER OF INCOME-TAX VS Miss PIROJA C. PATEL Income Tax--TERM , Income Tax ----Capital gains---Deductions---Cost of improvement---Property sold to Bombay Municipal Corporation---Compensation paid for eviction of hutment dwellers from land---Removal of hutment dwellers improved value of lands---Expenditure incurred for vacating land amounted to cost of improvement under S.48(ii)---Exp
2001 SCMR 1450 SUPREME-COURT
Supreme Court · 2001
MUHAMMAD AMIN BHATTI THROUGH ATTORNEY VS TAHIR SHEIKHA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Constitution of Pakistan (1973), Art. 185(3)---Default in monthly rent---Deposit of rent in miscellaneous rent case---Concurrent findings of fact by the Courts below---Rent Controller allowed eviction of tenant 'as he failed to pay the rent to th
2001 SCMR 1450 SUPREME-COURT
Supreme Court · 2001
MUHAMMAD AMIN BHATTI THROUGH ATTORNEY VS TAHIR SHEIKHA Constitution of Pakistan 1973--185 , ----S.15---Constitution of Pakistan (1973), Art. 185(3)---Default in monthly rent---Deposit of rent in miscellaneous rent case---Concurrent findings of fact by the Courts below---Rent Controller allowed eviction of tenant 'as he failed to pay the rent to the landlord---Order of Rent Controller was u
2001 SCMR 1432 SUPREME-COURT
Supreme Court · 2001
GOVERNMENT OF SINDH VS KHALIL-UR-REHMAN KHAN Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order 1983--9 , Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order 1983 ----Art. 9---Constitution of Pakistan 11973), Art.185(3)---Order passed by Ombudsman---Effect of---Authorities were directed by Provincial Ombudsman to pay rent to the respondent whose property was unde
2001 SCMR 1432 SUPREME-COURT
Supreme Court · 2001
GOVERNMENT OF SINDH VS KHALIL-UR-REHMAN KHAN Constitution of Pakistan 1973--185 , ----Art. 9---Constitution of Pakistan 11973), Art.185(3)---Order passed by Ombudsman---Effect of---Authorities were directed by Provincial Ombudsman to pay rent to the respondent whose property was under the use of the Authorities and failure would make the Authorities liable to be evicted---Such order of the
2001 SCMR 1301 SUPREME-COURT
Supreme Court · 2001
AYESHA BAI VS ZAHID HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Ejectment application---Maintainability---Mutation not recorded in favour of landlady---Effect---Where the tenant had admitted the applicant as his landlady, the premises not having been mutated in the name of the landlady could not be considered a ground to deny relief to
2001 SCMR 981 SUPREME-COURT
Supreme Court · 2001
HABIB BANK LIMITED VS ANIS AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Commercial premises---Leave to appeal was granted by Supreme Court to consider; whether ejectment application was competently filed; whether the issue of personal requirement for bon
2001 SCMR 981 SUPREME-COURT
Supreme Court · 2001
HABIB BANK LIMITED VS ANIS AHMAD Constitution of Pakistan 1973--185 , ---Art. 185---Appeal to Supreme Court---New plea---Plea not Taken before High Court cannot be allowed to be raised before Supreme Court.----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Commercial premises---Leave to appeal was granted by Supreme Court to consider; whether e
2001 SCMR 688 SUPREME-COURT
Supreme Court · 2001
AL-KARAM TRAVELS (PVT.) LTD VS EAST WEST INSURANCE CO.LTD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Failure to specify about space required by the landlord for its needs---eviction of large number of tenants---Effect---Leave to appeal was granted by Supreme
2001 SCMR 688 SUPREME-COURT
Supreme Court · 2001
AL-KARAM TRAVELS (PVT.) LTD VS EAST WEST INSURANCE CO.LTD Constitution of Pakistan 1973--185 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Failure to specify about space required by the landlord for its needs---eviction of large number of tenants---Effect---Leave to appeal was granted by Supreme Court to consider that the landlord had fa
2001 PLD 31 SUPREME-COURT
Supreme Court · 2001
ABDUL RAUF VS SHEREEN HASSAN Constitution of Pakistan 1973--185 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to examine; whether the word "children" in S.15(2)(vii) of Sindh Rented Premises Ordinance, 1979, included a married daughter and whether landlord seeking eviction of the tenant on the ground of personal requirement of
2001 PLD 31 SUPREME-COURT
Supreme Court · 2001
ABDUL RAUF VS SHEREEN HASSAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to examine; whether the word "children" in S.15(2)(vii) of Sindh Rented Premises Ordinance, 1979, included a married daughter and whether landlord seeking eviction of the tenan
2001 SCMR 577 SUPREME-COURT
Supreme Court · 2001
HANIF VS AHMED SHAH 1969 SCMR 131, 1995 CLC 1269, PLD 1961 SC 28, PLD 1976 Lah. 1095, PLD 1976 Lah. 275, PLD 1978 SC 78, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(2)(vi)---Ejectment of tenant---Requirement of the building for reconstruction---All that is needed under the law is that a landlord should reasonably
2001 SCMR 359 SUPREME-COURT
Supreme Court · 2001
NAQVI LAW ASSOCIATES VS ABDUL RAUF 1983 SCMR 1064, 1993 CLC 1693, 1995 CLC 446, 1995 SCMR 1407, 1999 MLD 1945, 2000 SCMR 845, PLD 1982 Kar. 188, PLD 1988 SC 734, Constitution of Pakistan 1973--185 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of monthly rent---Subletting the premises by tenant---Concurrent findings of fact by the Courts below----Sublettin
2001 SCMR 140 SUPREME-COURT
Supreme Court · 2001
GHULAM SIDDIQUE VS NASRULLAH Constitution of Pakistan 1973--185 , ----Art. 7---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Default in payment of monthly rent---Application of landlord was dismissed by Rent Controller but was allowed by High Court in exercise of revisional jurisdiction---Tenant failed to pay the monthly rent for a period over five years and he was no
2001 YLR 2451 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2001
GUL BARAN VS REHANA MUSHTAQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Bona fide personal need of landlady---Personal requirement includes requirement of husband---Personal requirement is nut only limited to the landlady or her children but it also includes the dependants of the landlady/ landlord---No bar on th
2001 YLR 1979 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2001
ABDUL QADIR VS HAMAYUN JAFFAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(3)(ii), proviso---Bona fide personal need of landlord-- Advance rent received by the landlord---Effect---Tenancy for specified period ---Effect---Contention of the tenants was that the landlords had received advance rent and till the time the
2001 YLR 1754 LAHORE-HIGH-COURT-LAHORE
Punjab · 2001
SHAHID ALI VS EJAZ-UR-REHMAN 1995 PCr.LJ 2016, 2001 PCr.LJ 60, PLD 1994 Kar. 384, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , ----S. 145---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Quashing of proceedings---Dispute as to immovable property---Respondent initially filed ejectment application against petitioners before Rent Controller---Re
2001 YLR 1754 LAHORE-HIGH-COURT-LAHORE
Punjab · 2001
SHAHID ALI VS EJAZ-UR-REHMAN 1995 PCr.LJ 2016, 2001 PCr.LJ 60, PLD 1994 Kar. 384, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , ----S. 145---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Quashing of proceedings---Dispute as to immovable property---Respondent initially filed ejectment application against petitioners before Rent Controller---Re
2001 YLR 939 LAHORE-HIGH-COURT-LAHORE
Punjab · 2001
MUHAMMAD AMJAD VS REHANA KAUSAR PLD 1991 SC 242, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Specific Relief Act (I of 1877), S.12---Ejectment of tenant---Agreement to sell ---Eeffect---Agreement to sell does not create any right, title or interest and suit for specific performance of agreement to sell cannot be
2001 YLR 939 LAHORE-HIGH-COURT-LAHORE
Punjab · 2001
MUHAMMAD AMJAD VS REHANA KAUSAR PLD 1991 SC 242, Specific Relief Act 1877--12 , ----S.13---Specific Relief Act (I of 1877), S.12---Ejectment of tenant---Agreement to sell ---Eeffect---Agreement to sell does not create any right, title or interest and suit for specific performance of agreement to sell cannot be a ground to avoid eviction of tenant by the Rent Controller.
2001 YLR 939 LAHORE-HIGH-COURT-LAHORE
Punjab · 2001
MUHAMMAD AMJAD VS REHANA KAUSAR 1987 MLD 3263, 1999 MLD 1342, PLD 1991 SC 242, West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 2(e)(i), 13 & 15(6)---Second appeal-- Landlord and tenant, relation of -- Determination---Pendency of suit for specific performance betwe
2001 YLR 939 LAHORE-HIGH-COURT-LAHORE
Punjab · 2001
MUHAMMAD AMJAD VS REHANA KAUSAR 1987 MLD 3263, 1999 MLD 1342, PLD 1991 SC 242, Second Appeal--TERM , ----Ss. 2(e)(i), 13 & 15(6)---Second appeal-- Landlord and tenant, relation of -- Determination---Pendency of suit for specific performance between the father of the tenant and landlady---Effect---Neither there was any lease agreement or rent note between the parties, nor tenant had ever p
2001 YLR 442 KARACHI-HIGH-COURT-SINDH
Sindh · 2001
VS 1992 CLC 2253, 1992 MLD 1014, 1997 CLC 216, 1997 MLD 3240, PLD 1993 Kar. 50, Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , ----Ss. 10 & 15---Ejectment of tenant--Default in monthly rent---Deposit of rent in Court instead of tendering the same directly to the landlord---Tenant was not given receipts of rent deposited with landlord, therefore, he started depositi
2001 YLR 442 KARACHI-HIGH-COURT-SINDH
Sindh · 2001
VS 1992 CLC 2253, 1992 MLD 1014, 1997 CLC 216, 1997 MLD 3240, PLD 1993 Kar. 50, Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , ----Ss. 10 & 15---Ejectment of tenant--Default in monthly rent---Deposit of rent in Court instead of tendering the same directly to the landlord---Tenant was not given receipts of rent deposited with landlord, therefore, he started depositi
2001 YLR 45 KARACHI-HIGH-COURT-SINDH
Sindh · 2001
SHAHZADI VS ALTAF ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Question of relationship of landlord and tenant ---Ejectment application was filed against brother of the tenant---Rent Controller-dismissed the application on the ground that the landlord had failed to prove the relationship of landlord and tenant between the parties---Validity
2000 SCMR 1257 SUPREME-COURT
Supreme Court · 2000
ALLAH DITTA VS SAID Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973 S.4---Constitution of Pakistan (1973), Art. 185(3)---Right of pre emption---Subsisting right---Trial Court dismissed suit filed by pre-emptor, whereas Lower Appellate Court decreed the same and second appeal was dismissed by High Court--- -Pre-emptor being a tenant was ordered to be ejected from the suit
2000 SCMR 1257 SUPREME-COURT
Supreme Court · 2000
ALLAH DITTA VS SAID Punjab Pre-Emption Act 1913--4 , Punjab Pre-Emption Act 1913 S.4---Constitution of Pakistan (1973), Art. 185(3)---Right of pre emption---Subsisting right---Trial Court dismissed suit filed by pre-emptor, whereas Lower Appellate Court decreed the same and second appeal was dismissed by High Court--- -Pre-emptor being a tenant was ordered to be ejected from the suit land
2000 SCMR 1080 SUPREME-COURT
Supreme Court · 2000
MUHAMMAD ISHAQ VS ABDUL GHANI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S.17---Ejectment of tenant was sought on the ground of reconstruction of the premises---Landlord had obtained the requisite sanction for reconstruction from.the Cantonment Board and approved site plan was on record---Tenant contested the application of landlord by submitting writ
2000 SCMR 907 SUPREME-COURT
Supreme Court · 2000
ABDUL HAQUE INDHAR VS PROVINCE OF SINDH General Clauses Act 1897--21 , Martial Law Order 1978 (Zone C) No. 60--ORDER , Ss.13 & 13-A---Privately-Managed Schools and Colleges (Taking Over) Regulations, 1972 (M.L.R. 118)---Tenant, a privately-managed school taken over by Government under the Regulation---Default in payment of rent--Landlord sought eviction of the tenants who were running a ta
2000 SCMR 907 SUPREME-COURT
Supreme Court · 2000
ABDUL HAQUE INDHAR VS PROVINCE OF SINDH General Clauses Act 1897--21 , Martial Law Order 1978 (Zone C) No. 60--ORDER , Ss.13 & 13-A---Privately-Managed Schools and Colleges (Taking Over) Regulations, 1972 (M.L.R. 118)---Tenant, a privately-managed school taken over by Government under the Regulation---Default in payment of rent--Landlord sought eviction of the tenants who were running a ta
2000 SCMR 893 SUPREME-COURT
Supreme Court · 2000
PROVINCE OF PUNJAB VS MUHAMMAD ILYAS 1989 SCMR 558, PLD 1988 SC 731, West Pakistan Urban Rent Restriction Ordinance 1959--13-A , Ss.13 & 13-A---Privately-Managed Schools and Colleges (Taking Over) Regulations, 1972 (M.L.R. 118)---Tenant, a privately-managed school taken over by Government under the Regulation---Default in payment of rent--Landlord sought eviction of the tenants who were r
2000 SCMR 893 SUPREME-COURT
Supreme Court · 2000
PROVINCE OF PUNJAB VS MUHAMMAD ILYAS 1989 SCMR 558, PLD 1988 SC 731, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss.13 & 13-A---Privately-Managed Schools and Colleges (Taking Over) Regulations, 1972 (M.L.R. 118)---Tenant, a privately-managed school taken over by Government under the Regulation---Default in payment of rent--
2000 SCMR 238 SUPREME-COURT
Supreme Court · 2000
MUHAMMAD ASHRAF VS DISTRICT MAGISTRATE QUETTA 1985 SCMR 359, 1996 SCMR 710, Registration of Printing Press and Publications Ordinance 1990--12 , Registration of Printing Press and Publications Ordinance 1990 Ss. 42 & 54---Constitution of Pakistan (1973), Arts. 185(3) & 199---Suit for declaration and permanent injunction--.-Petitioner apprehending eviction from plot of land in dispute, had
2000 SCMR 238 SUPREME-COURT
Supreme Court · 2000
MUHAMMAD ASHRAF VS DISTRICT MAGISTRATE QUETTA 1985 SCMR 359, 1996 SCMR 710, Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , Registration of Printing Press and Publications Ordinance 1990--24 , Ss. 42 & 54---Constitution of Pakistan (1973), Arts. 185(3) & 199---Suit for declaration and permanent injunction--.-Petitioner apprehending eviction from plot of land in d
2000 SCMR 238 SUPREME-COURT
Supreme Court · 2000
MUHAMMAD ASHRAF VS DISTRICT MAGISTRATE QUETTA 1985 SCMR 359, 1996 SCMR 710, Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , Registration of Printing Press and Publications Ordinance 1990--24 , Ss. 42 & 54---Constitution of Pakistan (1973), Arts. 185(3) & 199---Suit for declaration and permanent injunction--.-Petitioner apprehending eviction from plot of land in d
2000 PLD 787 SUPREME-COURT
Supreme Court · 2000
ABDULLAH JAN VS ANWAR KHAN Constitution of Pakistan 1973--185 , Bona fide personal need of landlord??Leave to appeal was granted by Supreme Court to consider the question that all the co?owners, being landlords, whether one of them could file eviction application for his own personal need or not
2000 PLD 787 SUPREME-COURT
Supreme Court · 2000
ABDULLAH JAN VS ANWAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 14 & 13---Application for ejectment of tenant---Earlier application for ejectment-of tenant on the ground of bona fide personal need of landlord was filed by one of the co-owners which was deci
2000 PLD 67 SUPREME-COURT
Supreme Court · 2000
ALTAF HUSSAIN VS NUZHAT-UN-NISA West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(3)---Bona fide personal need of landlord---Proof and effect---Mere demand for enhancement of rent and previous ejectment application would not detract from the veracity of an eviction petition based on personal need of landlord if the same
2000 SCMR 1622 SUPREME-COURT
Supreme Court · 2000
AL-KARAM TRAVELS (PRIVATE) LTD. VS EAST WEST INSURANCE COMPANY LTD. Constitution of Pakistan 1973--185 , S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Commercial building occupied by 36 tenants---Rent Controller ordered ejectment of such 36 tenants on the ground of bona fide need of landlord---Validity---Leave to appeal was granted by Supreme
2000 SCMR 1622 SUPREME-COURT
Supreme Court · 2000
AL-KARAM TRAVELS (PRIVATE) LTD. VS EAST WEST INSURANCE COMPANY LTD. Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979 S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Commercial building occupied by 36 tenants---Rent Controller ordered ejectment of such 36 tenants on the ground of bona fide need of landlord---Validit
2000 SCMR 1292 SUPREME-COURT
Supreme Court · 2000
AKHTAR QURESHI VS NISAR AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(vii)---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlady---Leave to appeal was granted by Supreme Court to consider as to whether the fact that the landlady, who was grown up and unmarried, desired after her marriage to live independently,
2000 SCMR 1292 SUPREME-COURT
Supreme Court · 2000
AKHTAR QURESHI VS NISAR AHMAD Constitution of Pakistan 1973--185 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlady---Leave to appeal was granted by Supreme Court to consider as to whether the fact that the landlady, who was grown up and unmarried, desired after her marriage to live independently, was not enough of a reason to spell out a b
2000 MLD 2007 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2000
ABDUL AZIZULLAH VS ANJUMAN ASNA ASHRIA AND HELIYAN-E-NAH DAGH (REGD.) West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Societies Registration Act (XXI of 1860), S.6---Ejectment proceedings---Maintainability---Premises was under the control of a registered society---No resolution was passed by the society authorizing t
2000 MLD 2007 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2000
ABDUL AZIZULLAH VS ANJUMAN ASNA ASHRIA AND HELIYAN-E-NAH DAGH (REGD.) Societies Registration Act 1860--6 , ----S. 13---Societies Registration Act (XXI of 1860), S.6---Ejectment proceedings---Maintainability---Premises was under the control of a registered society---No resolution was passed by the society authorizing the President of the Society to file the eviction application---Contention
2000 MLD 2007 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2000
ABDUL AZIZULLAH VS ANJUMAN ASNA ASHRIA AND HELIYAN-E-NAH DAGH (REGD.) Code of Civil Procedure 1908--PREAMBLE , ----S. 13---Civil Procedure Code (V of 1908), O.VI, R.7 --- Ejectment proceedings---Principle of pleadings as stated in O.VI, R.7, C.P.C.--Applicability---Case set up in pleadings---Onus to prove---Landlord producing evidence contrary to the ground mentioned in his ejectment appli
2000 MLD 87 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2000
Dr. ARBAB ALI AHMAD VS SARWAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Bona fide personal need of landlord---Son of landlord passed Matriculation Examination and had no interest to study further and wanted to do business in the premises---Son of landlord had taken admission in F.Sc. Premedical---Fact that
2000 CLC 2010 LAHORE-HIGH-COURT-LAHORE
Punjab · 2000
MUHAMMAD ASIF VS INAYAT BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(3)(4)---Bona fide personal need of landlord---Landlord for seeking ejectment of tenant on ground of personal bona fide need, had to appear and make statement as to his personal need and if his statement was not contradicted or shaken in cross
2000 YLR 18 LAHORE-HIGH-COURT-LAHORE
Punjab · 2000
ABDUL WAHEED VS MUHAMMAD ANWAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Bona fide personal need of landlord---More than one non-residential properties owned by landlord ---Effect--Where all of such properties were rented out, the choice was with the landlord to seek eviction of tenant froth any of such pro
2000 MLD 1858 LAHORE-HIGH-COURT-LAHORE
Punjab · 2000
MUHAMMAD AFZAL VS MUHAMMAD TUFAIL West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(3)(a)(ii)---Bona fide personal need of landlord ---Personal need of landlord includes his needs for maintaining and supporting his dependants--Landlord cannot set up the personal need of his father, brother or any other near relatives for
2000 MLD 294 LAHORE-HIGH-COURT-LAHORE
Punjab · 2000
SHAFIA SALMA VS TAJUL MALOOK, DEPUTY COMMISSIONER, SHEIKHUPURA Constitution of Pakistan 1973--199 , Constitution of Pakistan 1973 ----Art. 199---Constitutional petition---eviction from official residence--Petitioner, a Government employee, was allotted an official residence where she was living with her family---Deputy Commissioner cancelled such allotment of the petitioner just to accommo
2000 CLC 506 LAHORE-HIGH-COURT-LAHORE
Punjab · 2000
PAKISTAN STATE OIL COMPANY LIMITED VS BEGUM REHANA SARWAR West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15(6) [as inserted by Punjab Urban Rent Restriction (Amendment) Act (III of 1991)]---Second appeal---Maintainability---Right of second appeal under S.15(6), West Pakistan Urban Rent Restriction Ordinance, 1959 has been ex
2000 YLR 637 KARACHI-HIGH-COURT-SINDH
Sindh · 2000
MUHAMMAD HASSAN VS DHARAMDAS Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--22 , Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees ----O.XLI, R.22 & S.115---Failure to file cross-objections in appeal---Judgment of Trial Court was against both the parties and none of the parties was able to prove its title---Plaintiffs filed appeal and the s
2000 CLC 1546 KARACHI-HIGH-COURT-SINDH
Sindh · 2000
MUHAMMAD YAQOOB VS MOHSIN Specific Relief Act 1877--12 , Specific Relief Act 1877 ----S. 12---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2---Sindh Rented Premises Ordinance (XVII of 1979), S.12---Interim injunction, grant of---Suit for specific performance of agreement to sell--=Order of ejectment of plaintiff from the suit property was passed by Rent Controller--Contention by plain
2000 MLD 442 KARACHI-HIGH-COURT-SINDH
Sindh · 2000
NAEEM AHMED VS MARIAM 1988 SCMR 689, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(iv)---Impairing of utility and material value of premises by tenant---Alterations and additions themselves, unless were in violation of the agreement, were not a ground for eviction of the tenant---Tenant could be evicted if his act impaired the material value a
2000 CLC 997 KARACHI-HIGH-COURT-SINDH
Sindh · 2000
SULTANA JAFERY VS MUHAMMAD ALI ABIDI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Bona fide personal need of landlord---Application filed by landlords was resisted by tenant on the ground that the need of the landlords was not bona fide and rent of the premises was enhanced one month prior to the filing of ejectment application---Validity---St
2000 CLC 764 KARACHI-HIGH-COURT-SINDH
Sindh · 2000
GHULAM MUHAMMAD KHAN VS MUHAMMAD KHALID Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 21---Ejectment of tenant---Bona fide personal need of landlord---Landlord filed affidavit of his. son to prove his plea of personal bona fide use and such statement was a false statement on oath---Dishonesty of the landlord and unreasonableness of purpose were ma
2000 CLC 764 KARACHI-HIGH-COURT-SINDH
Sindh · 2000
GHULAM MUHAMMAD KHAN VS MUHAMMAD KHALID Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21---Ejectment of tenant---Bona fide personal need of landlord---Landlord filed affidavit of his. son to prove his plea of personal bona fide use and such statement was a false statement on oath---Dishonesty of the landlord and unreasonableness of purpose were manifestly visualized from the facts---
1999 SCMR 348 SUPREME-COURT
Supreme Court · 1999
ABDUL GHANI VS ABRAR HUSSAIN 1981 SCMR 193, 1983 SCMR 302, 1996 MLD 391, PLD 1971 Lah. 104, PLD 1973 SC 214, West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--eviction of tenant---Co-owner can file ejectment proceedings against a tenant without impleading his other co-owners.
1999 SCMR 54 SUPREME-COURT
Supreme Court · 1999
ORGANON PAKISTAN (PVT.) LTD. VS RAFAT ALI KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(iv) --- Constitution of Pakistan (1973), Art. 185(3)---Impairing material value or utility of premises --- Nature --- Principles --- eviction of tenant was ordered on the ground that he had committed such acts which were likely to or had actually impaired
1999 SCMR 54 SUPREME-COURT
Supreme Court · 1999
ORGANON PAKISTAN (PVT.) LTD. VS RAFAT ALI KHAN Constitution of Pakistan 1973--185 , S. 15(2)(iv) --- Constitution of Pakistan (1973), Art. 185(3)---Impairing material value or utility of premises --- Nature --- Principles --- eviction of tenant was ordered on the ground that he had committed such acts which were likely to or had actually impaired material value or utility of premises --- V
1999 SCMR 20 SUPREME-COURT
Supreme Court · 1999
JAFFAR SHAH VS MIAN YAHYA SHAH Cantonments Rent Restriction Act 1963--PREAMBLE , Cantonments Rent Restriction Act 1963 --- Object of enactment of the Act --- Landlord and tenant --- Act protects tenants against eviction and enhancement of rent thereby curtails the plenary power of the landlord to deal with his property and tenant thereof--Promptness of payment of rent with option to deposi
1999 SCMR 20 SUPREME-COURT
Supreme Court · 1999
JAFFAR SHAH VS MIAN YAHYA SHAH Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17 --- Ejectment of tenant on grounds of default in payment of rent and subletting without tacit or implied consent of landlord --- Order of ejectment was maintained by High Court --- Validity --- Non-appearance of landlord as witness in support of his pleas of default in pay
1999 SCMR 13 SUPREME-COURT
Supreme Court · 1999
JAWAID IQBAL VS MUHAMMAD ARIF PLD 1997 SC 426, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--4 , Sindh Rented Premises Ordinance 1979--5 , Sindh Rented Premises Ordinance 1979 Ss. 4(2), 5 (2) & 15 ---- Constitution of Pakistan (1973), Art. 185 (3)--Ejectment of tenant --- Order of ejectment by Rent Controller was maintained by High Court --- Only questio
1999 SCMR 13 SUPREME-COURT
Supreme Court · 1999
JAWAID IQBAL VS MUHAMMAD ARIF PLD 1997 SC 426, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--4 , Sindh Rented Premises Ordinance 1979--5 , Sindh Rented Premises Ordinance 1979 Ss. 4(2), 5 (2) & 15 ---- Constitution of Pakistan (1973), Art. 185 (3)--Ejectment of tenant --- Order of ejectment by Rent Controller was maintained by High Court --- Only questio
1999 SCMR 13 SUPREME-COURT
Supreme Court · 1999
JAWAID IQBAL VS MUHAMMAD ARIF PLD 1997 SC 426, Constitution of Pakistan 1973--185 , Ss. 4(2), 5 (2) & 15 ---- Constitution of Pakistan (1973), Art. 185 (3)--Ejectment of tenant --- Order of ejectment by Rent Controller was maintained by High Court --- Only question urged before High Court was that Rent Controller, who decided ejectment application was not qualified to be appointed as such
1999 SCMR 2795 SUPREME-COURT
Supreme Court · 1999
CHIEF ADMINISTRATOR AUQAF VS MUHAMMAD SHARIF 1979 CLC 551, 1990 CLC 821, Civil Procedure Code --Order XXIX of C.P.C. Suits by or Against Corporations--1 , Civil Procedure Code --Order XXIX of C.P.C. Suits by or Against Corporations--2 , Ss. 21 , 8 & 9---Civil Procedure Code (V of 1908) O.XXIX, Rr. 1 & 2--eviction of person wrongfully in possession of Waqf property---Termination of lease--
1999 SCMR 2795 SUPREME-COURT
Supreme Court · 1999
CHIEF ADMINISTRATOR AUQAF VS MUHAMMAD SHARIF 1979 CLC 551, 1990 CLC 821, Punjab Waqf Properties Ordinance 1979--21 , Punjab Waqf Properties Ordinance 1979--8 , Punjab Waqf Properties Ordinance 1979--9 , Punjab Waqf Properties Ordinance 1979 Ss. 21 , 8 & 9---Civil Procedure Code (V of 1908) O.XXIX, Rr. 1 & 2--eviction of person wrongfully in possession of Waqf property---Termination of lea
1999 SCMR 2795 SUPREME-COURT
Supreme Court · 1999
CHIEF ADMINISTRATOR AUQAF VS MUHAMMAD SHARIF 1979 CLC 551, 1990 CLC 821, Civil Procedure Code --Order XXIX of C.P.C. Suits by or Against Corporations--1 , Civil Procedure Code --Order XXIX of C.P.C. Suits by or Against Corporations--2 , Ss. 21 , 8 & 9---Civil Procedure Code (V of 1908) O.XXIX, Rr. 1 & 2--eviction of person wrongfully in possession of Waqf property---Termination of lease--
1999 SCMR 2234 SUPREME-COURT
Supreme Court · 1999
MUHAMMAD USMAN VS MUHAMMAD HANIF Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 S. 16---Order of ejectment on. ground of default in payment of electricity charges to electric supply company by tenant---Rent Controller gave tentative direction to the tenant to deposit arrears of electricity charges ---Validity--Tenant had challenged the authenticity of relev
1999 CLC 400 PESHAWAR-HIGH-COURT
KPK · 1999
SALEEM-UR-REHMAN VS N.-W.F.P. Civil Procedure Code --Order XXVI of C.P.C. Commissions (Commissions to Examine Witnesses)--9 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15(5)---Civil Procedure Code (V o; 1908), O,XXVI, R.9--- Approbate and reprobate---eviction petition ---Tenant in his written statement had claimed superstructure or rented shop was owned by him---Te
1999 CLC 400 PESHAWAR-HIGH-COURT
KPK · 1999
SALEEM-UR-REHMAN VS N.-W.F.P. Civil Procedure Code --Order XXVI of C.P.C. Commissions (Commissions to Examine Witnesses)--9 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15(5)---Civil Procedure Code (V o; 1908), O,XXVI, R.9--- Approbate and reprobate---eviction petition ---Tenant in his written statement had claimed superstructure or rented shop was owned by him---Te
1999 YLR 850 LAHORE-HIGH-COURT-LAHORE
Punjab · 1999
TANVEER ZIA VS MUHAMMAD BASHIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(6)---Ejectment of tenant---Defence, striking off---Appellants/tenants did not raise any objection for more than three and half years against the order fixing the tentative rent and in fact started complying with the same, but deficiency in t
1999 YLR 482 LAHORE-HIGH-COURT-LAHORE
Punjab · 1999
SULTAN MUMBRAIZ VS ABDUL AZIZ West Pakistan Land Revenue Act 1967--117 , West Pakistan Land Revenue Act 1967--122 , West Pakistan Land Revenue Rules 1968--RULE , ----Ss.67(A), 117, 122 & 172---West Pakistan Land Revenue Rules, 1968, R.67-B---eviction of encroaches---Procedure---Civil Courts, jurisdiction of --Demarcation proceedings are to be carried out under S.117 read with S.67-A of Wes
1999 YLR 482 LAHORE-HIGH-COURT-LAHORE
Punjab · 1999
SULTAN MUMBRAIZ VS ABDUL AZIZ West Pakistan Land Revenue Act 1967--117 , West Pakistan Land Revenue Act 1967--122 , West Pakistan Land Revenue Rules 1968--RULE , ----Ss.67(A), 117, 122 & 172---West Pakistan Land Revenue Rules, 1968, R.67-B---eviction of encroaches---Procedure---Civil Courts, jurisdiction of --Demarcation proceedings are to be carried out under S.117 read with S.67-A of Wes
1999 YLR 482 LAHORE-HIGH-COURT-LAHORE
Punjab · 1999
SULTAN MUMBRAIZ VS ABDUL AZIZ Code of Civil Procedure 1908--115 , ----S.8---West Pakistan Land Revenue Act (XVII of 1967), S.172---Civil Procedure Code (V of 1908), S.115---Suit for possession of land---Civil Courts, jurisdiction of--Respondent/plaintiff filed suit on the basis of demarcation proceedings carried out by the Revenue Authorities for recovery of encroached land---Maintainabili
1999 YLR 482 LAHORE-HIGH-COURT-LAHORE
Punjab · 1999
SULTAN MUMBRAIZ VS ABDUL AZIZ West Pakistan Land Revenue Act 1967--67 , West Pakistan Land Revenue Act 1967 ----Ss.67(A), 117, 122 & 172---West Pakistan Land Revenue Rules, 1968, R.67-B---eviction of encroaches---Procedure---Civil Courts, jurisdiction of --Demarcation proceedings are to be carried out under S.117 read with S.67-A of West Pakistan Land Revenue Act, 1967 and as a result of s
1999 YLR 482 LAHORE-HIGH-COURT-LAHORE
Punjab · 1999
SULTAN MUMBRAIZ VS ABDUL AZIZ Specific Relief Act 1877--8 , Specific Relief Act 1877 ----S.8---West Pakistan Land Revenue Act (XVII of 1967), S.172---Civil Procedure Code (V of 1908), S.115---Suit for possession of land---Civil Courts, jurisdiction of--Respondent/plaintiff filed suit on the basis of demarcation proceedings carried out by the Revenue Authorities for recovery of encroached l
1999 CLC 181 LAHORE-HIGH-COURT-LAHORE
Punjab · 1999
MADRASSA DAR-UL-ALOOM, BAQIAT-US-SALIHAT VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, LAHORE Contract Act 1872--2 , ----S. 2(l)(d)---Contract Act (IX of 1872), S.2(h)---Agreement of transfer relating to evacuee trust property---Character of property notwithstanding, such agreement would not change and the same would remain evacuee trust property---Transfer of such property would essentially
1999 CLC 181 LAHORE-HIGH-COURT-LAHORE
Punjab · 1999
MADRASSA DAR-UL-ALOOM, BAQIAT-US-SALIHAT VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, LAHORE Evacuee Trust Properties (Management and Disposal) Act 1975--2 , Evacuee Trust Properties (Management and Disposal) Act 1975 ----S. 2(l)(d)---Contract Act (IX of 1872), S.2(h)---Agreement of transfer relating to evacuee trust property---Character of property notwithstanding, such agreement would not
1999 CLC 74 LAHORE-HIGH-COURT-LAHORE
Punjab · 1999
MUHAMMAD SALEEM SAFDAR VS KHURSHID AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Ejectment of tenant---Relationship of landlord and tenant between parties was denied by tenants who claimed ownership of property in question--Rent Controller ordeied ejectment of petitioners mainly on the ground that rent note h
1999 YLR 1287 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
MUHAMMAD NASEEM VS MUSLIM COMMERCIAL BANK LTD. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15 & 22---Limitation Act (IX of 1908), Art.181--Execution application--Limitation--Ejectment application filed by the respondent/ landlord was allowed by Rent Controller and the Appellant/tenant was ordered to hand over the vacant possession---Execution app
1999 YLR 1287 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
MUHAMMAD NASEEM VS MUSLIM COMMERCIAL BANK LTD. Limitation Act 1908--SCHI, 181 , Sindh Rented Premises Ordinance 1979--22 , ----Ss. 15 & 22---Limitation Act (IX of 1908), Art.181--Execution application--Limitation--Ejectment application filed by the respondent/ landlord was allowed by Rent Controller and the Appellant/tenant was ordered to hand over the vacant possession---Execution applica
1999 YLR 1287 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
MUHAMMAD NASEEM VS MUSLIM COMMERCIAL BANK LTD. Limitation Act 1908--SCHI, 181 , Sindh Rented Premises Ordinance 1979--22 , ----Ss. 15 & 22---Limitation Act (IX of 1908), Art.181--Execution application--Limitation--Ejectment application filed by the respondent/ landlord was allowed by Rent Controller and the Appellant/tenant was ordered to hand over the vacant possession---Execution applica
1999 YLR 877 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
QAYAMUDDIN VS GUL-E-RANA Sindh Rented Premises Ordinance 1979--21 , ----Ss. 15 & 21---Ejectment of tenant--Default by tenant during the period of previous landlord---No authority or specific assignment was available in favour of subsequent owner to recover arrears of rent and to pursue cause for eviction of the tenant on the ground of such default---Rent Controller ordered for the eviction
1999 YLR 825 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
PAKISTAN STATE OIL COMPANY LIMITED VS KHALIQ RAZA KHAN Sindh Rented Premises Ordinance 1979--21 , ----Ss. 15 & 21---Default in payment of rent---Agreement between landlord and tenant---Effect---Tenant was ordered by the Rent Controller to vacate the premises on the basis of wilful default in payment of monthly rent---Validity---Tenant was liable to pay rent to the landlord in the manner in
1999 YLR 825 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
PAKISTAN STATE OIL COMPANY LIMITED VS KHALIQ RAZA KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15 & 21---Default in payment of rent---Agreement between landlord and tenant---Effect---Tenant was ordered by the Rent Controller to vacate the premises on the basis of wilful default in payment of monthly rent---Validity---Tenant was liable to pay
1999 CLC 2012 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
OOSMAN BROTHERS VS MUHAMMAD ASLAM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Bona fide personal need of landlord---Landlord had specifically raised plea in his application for ejectment that he needed premises in question for setting up his own business and that the same was suitable for business he intended to carry therein---Landlord's further
1999 CLC 1220 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
IQBAL BEGUM VS SULTAN AHMED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Bona fide personal need of landlady---Death of landlady pending proceedings---Effect---Bona fide personal need of landlady ended/abated with death, but where eviction was sought for the requirement of children of such deceased landlady, her death would not affect the children
1999 MLD 3331 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
ABDUL JILLANI VS JEENAT BI 1987 SCMR 2051, 1989 SCMR 130, 1991 C L C 1137, 1991 M L D 732, 1992 C L C 1753, 1992 SCMR 1152, 1992 SCMR 1330, 1993 C L C 1350, 1993 SCMR 67, 1996 SCMR 1178, PLD 1993 Kar. 491, West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 15---Bona fide personal need of landlord---Partition through family
1999 MLD 3269 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
NOMAN ANSARI VS MUKHTAR BEGUM 1988 C L C 648, 1996 SCMR 1178, 1996 SCMR 19, 1996 SCMR 97, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Bona fide personal need of landlady---eviction application of landlady was decided by the Rent Controller, against tenant, only on the ground of her bona fide personal need---One of the sons of landlady was
1999 MLD 3178 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
MUZAFFAR ALEEM VS IQBAL AHMED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---eviction application---Maintainability---Tenancy agreement was admitted by parties and was acted upon---Effect---Parties were estopped from raising objections as to legality of agreement.
1999 MLD 3178 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
MUZAFFAR ALEEM VS IQBAL AHMED Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ----S. 21---Appeal---Bona fide personal need of landlord---Landlord had grown up college/school-going children ---One of the daughters of landlord was a handicapped girl and old father was also residing with him---Landlord had no other property in his name---Rent Controller had rig
1999 CLC 1102 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
S. MUHAMMAD SADDIQ & COMPANY VS DAWATE-HADIYA AKBAR ALI HASSAN ALI TRUST, RAWALPINDIWALA BUILDING Code of Civil Procedure 1908--11 , S. 15---Civil Procedure Code (V of 1908), S.11---Bona fide personal need of landlord---Principle of res judicata---Applicability---Where some earlier case against the tenant was filed on the same ground, there could not be a bar for seeking eviction on the sa
1999 CLC 1102 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
S. MUHAMMAD SADDIQ & COMPANY VS DAWATE-HADIYA AKBAR ALI HASSAN ALI TRUST, RAWALPINDIWALA BUILDING Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Bona fide personal need of landlord---Evidence on record had proved that landlord had not sought eviction of the tenant from the demised premises for a wish or on whim---Cogent reason was given and good fai
1999 MLD 2989 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
ABDUL HAMEED VS BOO ALI SHAH ZAIDI Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss. 15(2)(vii) & 21---Bona fide personal need of landlord---Landlord applied to the Rent Controller for eviction of tenant on the sole ground of need for his son---Rent Controller accepted application and ordered tenant to vacate premises---Witnesses of tenant had unequivoc
1999 MLD 2592 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
MUHAMMAD SADIQ VS ABDUL RAUF 1989 CLC 1401, PLD 1982 Lah. 295, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Landlord seeking eviction on ground of reconstruction--Requirement ---Landlord has to prove only that he needs the site for construction and necessary sanction has been obtained.
1999 MLD 1945 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
MUHAMMAD SAEED VS AKHTAR AHMED 1991 SCMR 224, 1992 SCMR 1170, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 18---Relationship of landlord and tenant---Appellant/tenant was put into possession of the disputed shop by father of respondents---After the death of father, lease of the property was granted i
1999 MLD 1945 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
MUHAMMAD SAEED VS AKHTAR AHMED 1991 SCMR 224, 1992 SCMR 1170, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 18---Relationship of landlord and tenant---Appellant/tenant was put into possession of the disputed shop by father of respondents---After the death of father, lease of the property was granted i
1999 MLD 1413 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
SHAHNAZ JUMANI VS NAHEED ZIA 1974 SCMR 519, 1985 CLC 2309, 1986 CLC 2923, PLD 1963 Kar. 213, PLD 1988 SC 190, Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Specific Relief Act 1877--56 , Specific Relief Act 1877--9 , Specific Relief Act 1877 ----Ss. 42, 56, 54 & 9---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Sindh Rented Premises Ordinance (XVII of 1979), S. 1
1999 MLD 1413 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
SHAHNAZ JUMANI VS NAHEED ZIA 1974 SCMR 519, 1985 CLC 2309, 1986 CLC 2923, PLD 1963 Kar. 213, PLD 1988 SC 190, Sindh Rented Premises Ordinance 1979--15 , ----Ss. 42, 56, 54 & 9---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---Temporary injunction, grant of---Entitlement---Relationship of parties after expiry of lease---Mode o
1999 MLD 1413 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
SHAHNAZ JUMANI VS NAHEED ZIA 1974 SCMR 519, 1985 CLC 2309, 1986 CLC 2923, PLD 1963 Kar. 213, PLD 1988 SC 190, Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Specific Relief Act 1877--56 , Specific Relief Act 1877--9 , Specific Relief Act 1877 ----Ss. 42, 56, 54 & 9---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Sindh Rented Premises Ordinance (XVII of 1979), S. 1
1999 MLD 1413 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
SHAHNAZ JUMANI VS NAHEED ZIA 1974 SCMR 519, 1985 CLC 2309, 1986 CLC 2923, PLD 1963 Kar. 213, PLD 1988 SC 190, Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Or
1999 MLD 663 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
ATTA-UL-HAQ VS MIRAT-UR-RUQAYYA 1985 CLC 2632, 1986 MLD 227, 1986 MLD 917, 1987 MLD 1412, 1988 CLC 667, 1992 CLC 482, 1993 CLC 1978, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)---Subletting---eviction---No word about the presence or possession of sub-lettee was found in written statement or affidavit in evidence of appellant---Ejectment- ord
1999 CLC 505 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
MUHAMMAD SHAFI VS QUDDSIA MUZAFFAR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(vii) & 21---Bona fide personal need of landlady who herself was a doctor for establishment of a hospital /maternity home on "no profit no loss basis"---Landlady was herself to occupy the premises where she would be in charge of the institution in so far as she was goi
1999 CLC 505 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
MUHAMMAD SHAFI VS QUDDSIA MUZAFFAR Sindh Rented Premises Ordinance 1979--21 , S. 15(2)(vii) & 21---Bona fide personal need of landlady who herself was a doctor for establishment of a hospital /maternity home on "no profit no loss basis"---Landlady was herself to occupy the premises where she would be in charge of the institution in so far as she was going to run that institution herself---
1999 CLC 342 KARACHI-HIGH-COURT-SINDH
Sindh · 1999
BIBI KUTI VS ATIQA KHANUM Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963 S. 24---Appeal---Second round of litigation---Earlier eviction application filed by landlady on grounds of expiry of tenancy agreement and default in payment of rent was dismissed by Rent Controller---Tenant died and appeal was filed against legal representatives which was also dismi
1998 SCMR 670 SUPREME-COURT
Supreme Court · 1998
REHMATULLAH VS FAZAL BAQI Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958 ----S. 17---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Constitution of Pakistan (1973), Art.185(3)---eviction of tenants---Tenants denying title of landlord, also denied relationship of landlord and t
1998 SCMR 670 SUPREME-COURT
Supreme Court · 1998
REHMATULLAH VS FAZAL BAQI Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ----S. 17---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Constitution of Pakistan (1973), Art.185(3)---eviction of tenants---Tenants denying title of landlord, also denied relationship of landlord and tenants---Rent Controller decided issue of exist
1998 SCMR 670 SUPREME-COURT
Supreme Court · 1998
REHMATULLAH VS FAZAL BAQI Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ----S. 17---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Constitution of Pakistan (1973), Art.185(3)---eviction of tenants---Tenants denying title of landlord, also denied relationship of landlord and tenants---Rent Controller decided issue of exist
1998 SCMR 547 SUPREME-COURT
Supreme Court · 1998
GHULAM RASOOL VS HALIMA BANKER Constitution of Pakistan 1973--185 , ----S. 15---Constion of Pakistan (1973), Art. 185(3)---eviction of tenant granted on grounds of bona fide personal requirement, material impairment of value/utility of premises was maintained by the High Court---Validity---Tenant s contention, that his ejectment could not be ordered on the ground of impairment of value or
1998 SCMR 547 SUPREME-COURT
Supreme Court · 1998
GHULAM RASOOL VS HALIMA BANKER Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constion of Pakistan (1973), Art. 185(3)---eviction of tenant granted on grounds of bona fide personal requirement, material impairment of value/utility of premises was maintained by the High Court---Validity---Tenant s contention, that his ejectment could not be order
1998 SCMR 498 SUPREME-COURT
Supreme Court · 1998
ASMAT ARA GUL VS YASMIN BEGUM Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----S. 15(5)---Constitution of Pakistan (1973), Art. 185(3)---Denial of relationship of landlord and tenant---Rent Controller ordered eviction of tenant but directed landlord to seek arrears of rent through Civil Court---Appellate Court directed tenant to deposit arr
1998 SCMR 498 SUPREME-COURT
Supreme Court · 1998
ASMAT ARA GUL VS YASMIN BEGUM Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----S. 15(5)---Constitution of Pakistan (1973), Art. 185(3)---Denial of relationship of landlord and tenant---Rent Controller ordered eviction of tenant but directed landlord to seek arrears of rent through Civil Court---Appellate Court directed tenant to deposit arr
1998 SCMR 455 SUPREME-COURT
Supreme Court · 1998
REHMATULLAH VS FAZAL BAQI Cantonments Rent Restriction Act 1963--17 , Prohibition (Enforcement of Hadd) Order 1979--30 , S. 17 Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 Constitution of Pakistan (1973), Art.185(3) Application for ejectment of tenant Relationship of landlord and tenant denied by respondent (alleged tenant) Rent Controller on basis of evid
1998 SCMR 455 SUPREME-COURT
Supreme Court · 1998
REHMATULLAH VS FAZAL BAQI Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973 S. 17 Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 Constitution of Pakistan (1973), Art.185(3) Application for ejectment of tenant Relationship of landlord and tenant denied by respondent (alleged tenant) Rent Controller on basis of evidence on record decided issue
1998 SCMR 455 SUPREME-COURT
Supreme Court · 1998
REHMATULLAH VS FAZAL BAQI Cantonments Rent Restriction Act 1963--17 , Prohibition (Enforcement of Hadd) Order 1979--30 , S. 17 Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 Constitution of Pakistan (1973), Art.185(3) Application for ejectment of tenant Relationship of landlord and tenant denied by respondent (alleged tenant) Rent Controller on basis of evid
1998 SCMR 349 SUPREME-COURT
Supreme Court · 1998
MUHAMMAD SIDDIQUE VS ABDUL RAZZAQ Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Displaced Persons (Compensation and Rehabilitation) Act 1958 ----S. 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 30---Constitution of Pakistan (1973), Art. 185(3)---Application for ejectment of tenant---Statutory tenancy---Tenant had denied relation
1998 SCMR 349 SUPREME-COURT
Supreme Court · 1998
MUHAMMAD SIDDIQUE VS ABDUL RAZZAQ Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973 ----S. 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 30---Constitution of Pakistan (1973), Art. 185(3)---Application for ejectment of tenant---Statutory tenancy---Tenant had denied relationship of landlord and tenant between the parties---Premises in
1998 SCMR 349 SUPREME-COURT
Supreme Court · 1998
MUHAMMAD SIDDIQUE VS ABDUL RAZZAQ Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 30---Constitution of Pakistan (1973), Art. 185(3)---Application for ejectment of tenant---Statutory tenancy---Tenant had denied relationshi
1998 SCMR 349 SUPREME-COURT
Supreme Court · 1998
MUHAMMAD SIDDIQUE VS ABDUL RAZZAQ Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 30---Constitution of Pakistan (1973), Art. 185(3)---Application for ejectment of tenant---Statutory tenancy---Tenant had denied relationshi
1998 SCMR 253 SUPREME-COURT
Supreme Court · 1998
KHUSHI MUHAMMAD VS ZAKIYA MUSHTAQ AHMED Pakistan Penal Code 1860--265 , Pakistan Penal Code ----Para. 25---Constitution of Pakistan (1973), Art.185(3)---Pre-emption suit--Plaintiffs suit for possession through pre-emption on the ground that he, being tenant, was possessed of superior right of pre-emption ---Defence in suit was that plaintiff was not tenant at the time of sale, for order of
1998 SCMR 253 SUPREME-COURT
Supreme Court · 1998
KHUSHI MUHAMMAD VS ZAKIYA MUSHTAQ AHMED Constitution of Pakistan 1973--185 , ----Para. 25---Constitution of Pakistan (1973), Art.185(3)---Pre-emption suit--Plaintiffs suit for possession through pre-emption on the ground that he, being tenant, was possessed of superior right of pre-emption ---Defence in suit was that plaintiff was not tenant at the time of sale, for order of ejectment was
1998 SCMR 2656 SUPREME-COURT
Supreme Court · 1998
HABIBULLAH VS RENT CONTROLLER, PESHAWAR Constitution of Pakistan 1973--185 , ----S.13 (2)(vi), second proviso---Constitution of Pakistan (1973), Art. 185--Unconditional admission of liability to pay rent on the part of tenant ---Effect--Second proviso to cl. (vi) of S.13(2) of the Ordinance was confined to North West Frontier Province alone---Reprieve under second proviso to cl. (vi) of S.
1998 SCMR 2656 SUPREME-COURT
Supreme Court · 1998
HABIBULLAH VS RENT CONTROLLER, PESHAWAR Sindh Rented Premises Ordinance 1979--15 , West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , -----S.13(2)(ii)(a)---Sindh Rented Premises Ordinance (XVII of .1979), S.15(2)(iii)(a)---Constitution of Pakistan (1973), Art. 185---Effect of subletting under provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 and that of Sindh
1998 SCMR 2656 SUPREME-COURT
Supreme Court · 1998
HABIBULLAH VS RENT CONTROLLER, PESHAWAR Sindh Rented Premises Ordinance 1979--15 , West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , -----S.13(2)(ii)(a)---Sindh Rented Premises Ordinance (XVII of .1979), S.15(2)(iii)(a)---Constitution of Pakistan (1973), Art. 185---Effect of subletting under provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 and that of Sindh
1998 SCMR 2119 SUPREME-COURT
Supreme Court · 1998
S.M. NOORUDDIN VS SAGA PRINTERS Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979 ----Ss. 15(2)(vii) & 13---Bona fide personal need of landlord---Mere letting out of other premises by a landlord either before 'or after the institution of eviction proceedings, on the ground of personal need, in itself, is not always enough to non-suit the landlord---Principles.
1998 SCMR 2114 SUPREME-COURT
Supreme Court · 1998
KHAN MEDICAL STORE VS MUSARRAT Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 -----Ss.2(a) & 14---Constitution of Pakistan (1973), Art. 185---Ejectment of tenants from two amalgamated shops---Two different tenants being in possession of such amalgamated shops, Rent Controller on consideration of equity, sliced away
1998 SCMR 2114 SUPREME-COURT
Supreme Court · 1998
KHAN MEDICAL STORE VS MUSARRAT Constitution of Pakistan 1973--185 , -----Ss.2(a) & 14---Constitution of Pakistan (1973), Art. 185---Ejectment of tenants from two amalgamated shops---Two different tenants being in possession of such amalgamated shops, Rent Controller on consideration of equity, sliced away one shop each from two premises to be made over to landlady in satisfaction of her cl
1998 SCMR 2114 SUPREME-COURT
Supreme Court · 1998
KHAN MEDICAL STORE VS MUSARRAT Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 -----Ss.2(a) & 14---Constitution of Pakistan (1973), Art. 185---Ejectment of tenants from two amalgamated shops---Two different tenants being in possession of such amalgamated shops, Rent Controller on consideration of equity, sliced away
1998 SCMR 1067 SUPREME-COURT
Supreme Court · 1998
MUNAWAR HUSSAIN VS ADDITIONAL DISTRICT JUDGE, JHELUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Civil Procedure Code (V of 1908) OXVII, R.3 ---Application for ejectment---Dismissal of eviction application by closing evidence ---Validity--Landlord after filing eviction application on 10-6-1992, despite several op
1998 SCMR 1067 SUPREME-COURT
Supreme Court · 1998
MUNAWAR HUSSAIN VS ADDITIONAL DISTRICT JUDGE, JHELUM Civil Procedure Code --Order XVII of C.P.C. Adjournments--3 , ----S. 13---Civil Procedure Code (V of 1908) OXVII, R.3 ---Application for ejectment---Dismissal of eviction application by closing evidence ---Validity--Landlord after filing eviction application on 10-6-1992, despite several opportunities, neither furnished the list of witne
1998 MLD 1683 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1998
FATIMA VS MUHAMMAD MUSA 1980 SCMR 29, 1996 SCMR 1773, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13(2) (vi) & 15---Ejectment of tenant on ground of reconstruction and personal requirement---Essentials---Dismissal of landlord's application by Rent Controller-
1998 MLD 1683 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1998
FATIMA VS MUHAMMAD MUSA 1980 SCMR 29, 1996 SCMR 1773, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13(2) (vi) & 15---Ejectment of tenant on ground of reconstruction and personal requirement---Essentials---Dismissal of landlord's application by Rent Controller-
1998 PLD 196 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
BARKAT ALI CYCLE WORKS VS WAHEED-UD-DIN PLD 1968 SC 230, West Pakistan Urban Rent Restriction Ordinance 1959--5-A , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 5-A [as added by Punjab Urban Rent Restriction (Amendment) Act (III of 1991)] & 13(6)---Striking off defence of tenant---When possible---Rent of nonresidential building would stand automatically increased at the end of
1998 CLC 1249 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
ZAHEER MUHAMMAD VS TAHIR HUSSAIN MALIK West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15---Bona fide personal need of landlord---Landlord having sought eviction of tenant on ground of bona fide personal need, was entitled to his eviction if he was able to establish that rented premises was required in good faith and bona fid
1998 CLC 1249 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
ZAHEER MUHAMMAD VS TAHIR HUSSAIN MALIK Specific Relief Act 1877--12 , Specific Relief Act 1877 S. 12---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.15---Tenant setting up agreement to sell as defence against eviction---Courts below were required to find out if agreement of sale still subsisted---Issue relating to agreement of sale must be resolved one way or the other---C
1998 PLD 177 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
MASSODUL HASSAN VS MUHAMMAD IQBAL PLD 1982 Kar. 617, PLD 1982 SC 218, West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13 & 15---Bona fide personal need of landlord---Landlord at the time of filing of ejectment application was employed in Government service while he had retired during pendency of his ejectment application---
1998 CLC 1043 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
IMTIAZ BIBI VS ABDUL QADIR SHAD Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Civil Procedure Code --Order I of C.P.C. Parties to Suits O. I, R. 10, O.XXI, R.10 & S. 144---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Execution of ex parte decree/order whereby possession was handed over to petitioner---Ex parte decree having been set aside possessi
1998 CLC 1043 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
IMTIAZ BIBI VS ABDUL QADIR SHAD Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--10 , Constitution of Pakistan 1973--199 , O. I, R. 10, O.XXI, R.10 & S. 144---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Execution of ex parte decree/order whereby possession was handed over to petitioner---Ex parte decree having been set aside possession o
1998 CLC 1043 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
IMTIAZ BIBI VS ABDUL QADIR SHAD Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--10 , Constitution of Pakistan 1973--199 , O. I, R. 10, O.XXI, R.10 & S. 144---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Execution of ex parte decree/order whereby possession was handed over to petitioner---Ex parte decree having been set aside possession o
1998 MLD 1625 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
GHULAM SARWAR VS ADDITIONAL DISTRICT JUDGE, TAUNSA CAMP 1987 CLC 1620, 1995 CLC 66, PLD 1982 Lah. 92, PLD 1990 Lah. 48, PLD 1995 Lah. 392, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Punjab Pre-emption Act (IX of 1991), S. 6---Civil Procedure Code (V, of 1908), O. VII, R. 11---Constitution of Pakistan (1973). Ar
1998 MLD 1625 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
GHULAM SARWAR VS ADDITIONAL DISTRICT JUDGE, TAUNSA CAMP 1987 CLC 1620, 1995 CLC 66, PLD 1982 Lah. 92, PLD 1990 Lah. 48, PLD 1995 Lah. 392, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Punjab Pre-Emption Act 1991--6 , ----S. 13---Punjab Pre-emption Act (IX of 1991), S. 6---Civil Procedure Code (V, of 1908), O. VII, R. 11---Constitution of Pak
1998 MLD 1625 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
GHULAM SARWAR VS ADDITIONAL DISTRICT JUDGE, TAUNSA CAMP 1987 CLC 1620, 1995 CLC 66, PLD 1982 Lah. 92, PLD 1990 Lah. 48, PLD 1995 Lah. 392, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Punjab Pre-Emption Act 1991--6 , ----S. 13---Punjab Pre-emption Act (IX of 1991), S. 6---Civil Procedure Code (V, of 1908), O. VII, R. 11---Constitution of Pak
1998 MLD 1625 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
GHULAM SARWAR VS ADDITIONAL DISTRICT JUDGE, TAUNSA CAMP 1987 CLC 1620, 1995 CLC 66, PLD 1982 Lah. 92, PLD 1990 Lah. 48, PLD 1995 Lah. 392, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Punjab Pre-Emption Act 1991--6 , ----S. 13---Punjab Pre-emption Act (IX of 1991), S. 6---Civil Procedure Code (V, of 1908), O. VII, R. 11---Constitution of Pak
1998 MLD 911 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
FAZAL BIBI VS MUNIR AHMAD 1981 CLC 1091, 1983 CLC 241, 1987 SCMR 307, 1989 SCMR 1366, 1995 CLC 931, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 --Ss. 13 & 15---Ejectment of tenant---Bona fide personal need of landlords--Essentials---Evidence produced by landlords, proved beyond doubt their personal need, who wanted to start
1998 MLD 911 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
FAZAL BIBI VS MUNIR AHMAD 1981 CLC 1091, 1983 CLC 241, 1987 SCMR 307, 1989 SCMR 1366, 1995 CLC 931, West Pakistan Urban Rent Restriction Ordinance 1959--15 , --Ss. 13 & 15---Ejectment of tenant---Bona fide personal need of landlords--Essentials---Evidence produced by landlords, proved beyond doubt their personal need, who wanted to start their own business in rented premises as they had n
1998 MLD 894 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
MUHAMMAD ASHRAF BHATTI VS MUHAMMAD YAQOOB 1985 SCMR 24, PLD 1985 SC 220, PLD 1988 SC 76, Code of Civil Procedure 1908--11 , ----S. 14---Civil Procedure Code (V of 1908), S. 11---Principle of res judicata-Applicability---Extent---Essentials---Situation when res judicata not applicable-Rent Controller could apply rule of res judicata subject to condition that issues raised in eviction appli
1998 MLD 894 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
MUHAMMAD ASHRAF BHATTI VS MUHAMMAD YAQOOB PLD 1964 SC 536, Transfer of Property Act 1882--51 , Transfer of Property Act 1882--52 , Transfer of Property Act 1882 ----Ss. 51 & 52---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15 Sections 51 & 52, Transfer of Property Act, 1882---Applicability--eviction of tenants from rented premises---Tenants claimed that at one stage, p
1998 MLD 894 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
MUHAMMAD ASHRAF BHATTI VS MUHAMMAD YAQOOB 1985 SCMR 24, PLD 1985 SC 220, PLD 1988 SC 76, West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 14---Civil Procedure Code (V of 1908), S. 11---Principle of res judicata-Applicability---Extent---Essentials---Situation when res judicata not applicable-Rent Controller could apply rul
1998 MLD 480 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
HAJI FAZAL HUSSAIN VS MUHAMMAD YOUSAF CHISHTI 1980 SCMR 590, 1984 CLC 2912, 1984 CLC 693, PLD 1982 Kar. 823, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13 & 15---Ejectment of tenant---Premises in question were let out to tenant for non-residential purposes---Landlord sought eviction of tenant on the ground that he
1998 CLC 1601 KARACHI-HIGH-COURT-SINDH
Sindh · 1998
HABIB BANK LTD. VS MOHSIN AHMED HABIB Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S.21---Bona fide personal need of landlord---Landlord had initially asserted that it required premises in question for accommodating President of its establishment but subsequently case set up before Rent Controller was that premises were required for accommodating various
1998 CLC 1505 KARACHI-HIGH-COURT-SINDH
Sindh · 1998
HAFEEZA BEGUM VS ABDUL GHAFFAR Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S.21---Appeal against dismissal of ejectment application---Grounds for ejectment of tenant were, default in payment of rent, personal bona fide need and impairing utility of premises in question---Evidence relating to nuisance on the part of tenant must impute conduct which could
1998 PLD 133 KARACHI-HIGH-COURT-SINDH
Sindh · 1998
MAHMOOD ELAHI FAROOQI VS UNITED BANK LTD. 1991 CLC 92, 1993 CLC 543, 1995 MLD 429, PLD 1994 Kar. 319, Sindh Rented Premises Ordinance 1979--22 , S. 22---Ejectment or tenant ordered by Rent Controller---Subsequent to ejectment order, agreement of tenancy effected between landlord and tenant whereby tenant was let out premises on enhanced rent---Landlord's application for execution of evict
1998 MLD 579 KARACHI-HIGH-COURT-SINDH
Sindh · 1998
ADAM LIMITED VS GENERAL & RUBBER TRADING CO., KARACHI 1989 CLC 1128, 1994 SCMR 1507, 1994 SCMR 791, PLD 1974 SC 351, PLD 1982 SC 79, Qanun-e-Shahadat Order 1984--114 , ----S. 21---Qanun-e-Shahadat (10 of 1984), Art. 114---Default in payment of rent and subletting---Issue of default about rental amount, lift charges and betterment tax were thoroughly examined and decided in first round of
1998 MLD 579 KARACHI-HIGH-COURT-SINDH
Sindh · 1998
ADAM LIMITED VS GENERAL & RUBBER TRADING CO., KARACHI 1989 CLC 1128, 1994 SCMR 1507, 1994 SCMR 791, PLD 1974 SC 351, PLD 1982 SC 79, Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ----S. 21---Qanun-e-Shahadat (10 of 1984), Art. 114---Default in payment of rent and subletting---Issue of default about rental amount, lift charges and betterment tax were thoro
1998 MLD 73 KARACHI-HIGH-COURT-SINDH
Sindh · 1998
MAZHAR MALIK VS MUHAMMAD MUSLIM Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----S. 2(f)---Relationship of landlord and tenant---Landlord sought eviction of appellant relying upon agreement of tenancy of the appellant but to that agreement wherein respondent was not a party and executant was his father who was said to be his attorney while dealing with the
1997 SCMR 1819 SUPREME-COURT
Supreme Court · 1997
AZIZUR REHMAN VS PERVAIZ SHAH West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Ejectment of tenant on default etc.---Payment of Pagree---Effect on tenancy and maintenance of eviction petition---Tenant's contention was that since he had paid a substantial amount as "Pagree" to the landlord he could not, therefore, main
1997 SCMR 1789 SUPREME-COURT
Supreme Court · 1997
ABDUL WAHID LEHRI VS ARBAB MIR NAWAZ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona tide personal need of landlord---Landlord's plea for ejectment of tenant was accepted by Rent Controller on ground of personal requirement of premises---Finding of Rent Controller w
1997 SCMR 1789 SUPREME-COURT
Supreme Court · 1997
ABDUL WAHID LEHRI VS ARBAB MIR NAWAZ Constitution of Pakistan 1973--185 , ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona tide personal need of landlord---Landlord's plea for ejectment of tenant was accepted by Rent Controller on ground of personal requirement of premises---Finding of Rent Controller was affirmed by High Court---Validity---Assertion of landlord on oath as t
1997 SCMR 1781 SUPREME-COURT
Supreme Court · 1997
SABZ ALI KHAN VS BISMILLAH KHAN Constitution of Pakistan 1973--185 , ----S.17---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of rent ---Ejectment of tenant---Notice of transfer of premises by purchasers to tenant---Necessity---Service of notice of transfer of premises by purchasers to tenant under Cantonments Rent Restriction Act, 1963, was not sine qua non to seek ten
1997 SCMR 1781 SUPREME-COURT
Supreme Court · 1997
SABZ ALI KHAN VS BISMILLAH KHAN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S.17---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of rent ---Ejectment of tenant---Notice of transfer of premises by purchasers to tenant---Necessity---Service of notice of transfer of premises by purchasers to tenant under Cantonments Rent Restrictio
1997 CLC 1796 PESHAWAR-HIGH-COURT
KPK · 1997
WILAYAT SHAH VS DISTRICT JUDGE, KOHAT West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Bona fide personal need of landlord---Landlord, a retired Government Official aged about 70/72 years---Landlord served notice of eviction immediately after becoming jobless ---Jirga was also convened to persuade tenant for eviction
1997 CLC 21 PESHAWAR-HIGH-COURT
KPK · 1997
EMPLOYEES' OLD-AGE BENEFIT INSTITUTION VS JAVED IQBAL Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Land Acquisition Act 1894--17 , Land Acquisition Act 1894--4 , S. 12---Civil Procedure Code (V of 1908), Restriction Act (XI of 1963), S. 17---Land Acquisition Act (I of 1894), Ss.4 & 17---Constitution
1997 CLC 21 PESHAWAR-HIGH-COURT
KPK · 1997
EMPLOYEES' OLD-AGE BENEFIT INSTITUTION VS JAVED IQBAL Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Land Acquisition Act 1894--17 , Land Acquisition Act 1894--4 , S. 12---Civil Procedure Code (V of 1908), Restriction Act (XI of 1963), S. 17---Land Acquisition Act (I of 1894), Ss.4 & 17---Constitution
1997 CLC 21 PESHAWAR-HIGH-COURT
KPK · 1997
EMPLOYEES' OLD-AGE BENEFIT INSTITUTION VS JAVED IQBAL Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Land Acquisition Act 1894--17 , Land Acquisition Act 1894--4 , S. 12---Civil Procedure Code (V of 1908), Restriction Act (XI of 1963), S. 17---Land Acquisition Act (I of 1894), Ss.4 & 17---Constitution
1997 CLC 21 PESHAWAR-HIGH-COURT
KPK · 1997
EMPLOYEES' OLD-AGE BENEFIT INSTITUTION VS JAVED IQBAL Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Land Acquisition Act 1894--17 , Land Acquisition Act 1894--4 , S. 12---Civil Procedure Code (V of 1908), Restriction Act (XI of 1963), S. 17---Land Acquisition Act (I of 1894), Ss.4 & 17---Constitution
1997 CLC 21 PESHAWAR-HIGH-COURT
KPK · 1997
EMPLOYEES' OLD-AGE BENEFIT INSTITUTION VS JAVED IQBAL Specific Relief Act 1877--12 , Specific Relief Act 1877 S. 12---Civil Procedure Code (V of 1908), Restriction Act (XI of 1963), S. 17---Land Acquisition Act (I of 1894), Ss.4 & 17---Constitution of Pakistan (1973), Art. 199---Suit for specific performance of agreement to sell---Property during pendency of suit had been sold to third par
1997 PLD 64 PESHAWAR-HIGH-COURT
KPK · 1997
ZAR-FROOSH VS SIKANDAR AZIZ Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963--3 , Cantonments Rent Restriction Act 1963 Ss. 3, 17 & 24---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interim order of Rent Controller rejecting petitioner's (tenant's) application under S.3(4), Cantonments Rent Restriction Act, 1963 to the effect that pr
1997 PLD 64 PESHAWAR-HIGH-COURT
KPK · 1997
ZAR-FROOSH VS SIKANDAR AZIZ Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--199 , Ss. 3, 17 & 24---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interim order of Rent Controller rejecting petitioner's (tenant's) application under S.3(4), Cantonments Rent Restriction Act, 1963 to the effect that property in question, belonged to Cantonment B
1997 PLD 64 PESHAWAR-HIGH-COURT
KPK · 1997
ZAR-FROOSH VS SIKANDAR AZIZ Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963--3 , Cantonments Rent Restriction Act 1963 Ss. 3, 17 & 24---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interim order of Rent Controller rejecting petitioner's (tenant's) application under S.3(4), Cantonments Rent Restriction Act, 1963 to the effect that pr
1997 PLD 64 PESHAWAR-HIGH-COURT
KPK · 1997
ZAR-FROOSH VS SIKANDAR AZIZ Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--199 , Ss. 3, 17 & 24---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interim order of Rent Controller rejecting petitioner's (tenant's) application under S.3(4), Cantonments Rent Restriction Act, 1963 to the effect that property in question, belonged to Cantonment B
1997 CLC 1664 LAHORE-HIGH-COURT-LAHORE
Punjab · 1997
MUHAMMAD AFZAL VS MUHAMMAD AKBAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15---Bona fide personal need of landlord---Shop in question was stated to be required in good faith for personal use of the landlord---Landlord during evidence stated that shop in question was required for bona fide use of his son who wanted
1997 CLC 1658 LAHORE-HIGH-COURT-LAHORE
Punjab · 1997
SANOBER KHAN VS MUHAMMAD YOUNIS West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Bona fide personal need of landlord---Such ground not taken in earlier proceedings---Effect---Order of eviction could be passed in fresh proceedings, although in previous round of litigation such ground was either abandoned or not proved-
1997 CLC 1543 LAHORE-HIGH-COURT-LAHORE
Punjab · 1997
MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BAHAWALPUR Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--199 , S. 13---Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), 0.1, R. 10---Constitutional petition---Application under Oil, R. 10, C.P.C. seeking to be impleaded in Constitutional petition by persons claiming to
1997 CLC 1543 LAHORE-HIGH-COURT-LAHORE
Punjab · 1997
MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BAHAWALPUR Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--199 , S. 13---Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), 0.1, R. 10---Constitutional petition---Application under Oil, R. 10, C.P.C. seeking to be impleaded in Constitutional petition by persons claiming to
1997 CLC 1543 LAHORE-HIGH-COURT-LAHORE
Punjab · 1997
MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BAHAWALPUR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), 0.1, R. 10---Constitutional petition---Application under Oil, R. 10, C.P.C. seeking to be impleaded in Constitutional petition by person
1997 PCRLJ 514 LAHORE-HIGH-COURT-LAHORE
Punjab · 1997
SH. MUHAMMAD YOUSAF VS FEDERAL GOVERNMENT AND 5 OTHERS PLD 1989 SC 26, Pakistan Penal Code 1860--420 , Pakistan Penal Code 1860--468 , Pakistan Penal Code 1860--471 , ----S. 420/468/471---Trial by Military Courts and Jurisdiction of Supreme Court and High Court [C.M.L.O. 77]---Constitution of Pakistan (1973), Art. 199--Constitutional petition---Quashing of proceedings taken by Summary Mil
1997 MLD 1800 LAHORE-HIGH-COURT-LAHORE
Punjab · 1997
K. H. HIRAMANEK VS MRS. SHAFQAT ASLAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(3)(i)(a)---Ejectment of tenant---Bona fide personal need---Requirement of premises for need of husbands of landladies---Validity---Landladies could lawfully seek eviction of premises in question, for use and occupation of their husband
1997 MLD 920 LAHORE-HIGH-COURT-LAHORE
Punjab · 1997
KHUSHI MUHAMMAD VS ZAKIYA MUSHTAQ AHMAD Constitution of Pakistan 1973--199 , Martial Law Regulation 1972 No. 115--RGLN. , ----Para. 25---Constitution of Pakistan (1973), Art.199---Pre-emption suit--Tenant's suit for pre-emption filed on 31-7-1974---Order of eviction relating to land in question, had been passed against tenant by Revenue Court on 8-1-1974 i.e. about 6 months before filing o
1997 MLD 920 LAHORE-HIGH-COURT-LAHORE
Punjab · 1997
KHUSHI MUHAMMAD VS ZAKIYA MUSHTAQ AHMAD Constitution of Pakistan 1973--199 , Martial Law Regulation 1972 No. 115--RGLN. , ----Para. 25---Constitution of Pakistan (1973), Art.199---Pre-emption suit--Tenant's suit for pre-emption filed on 31-7-1974---Order of eviction relating to land in question, had been passed against tenant by Revenue Court on 8-1-1974 i.e. about 6 months before filing o
1997 CLC 33 LAHORE-HIGH-COURT-LAHORE
Punjab · 1997
QAUMI FOUNDATION VS ASAD ANEES ANSARI West Pakistan Urban Rent Restriction Ordinance 1959--11 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 11---Conversion of residential building into non-residential building--Effect---Tenant having changed character of premises from residential to nonresidential would not affect right of landlord to seek eviction of tenant for residential purp
1997 PLD 373 KARACHI-HIGH-COURT-SINDH
Sindh · 1997
MUHAMMAD HANIF VS TAJ BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 21---Bona fide personal use of landlady ---ejectment of tenant on account of requirement of premises for personal use of landlady's sons-.-Validity ---Landlady had clearly stated in her ejectment application that three of her sons were unemployed and that she wanted premises
1997 PLD 373 KARACHI-HIGH-COURT-SINDH
Sindh · 1997
MUHAMMAD HANIF VS TAJ BEGUM Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21---Bona fide personal use of landlady ---ejectment of tenant on account of requirement of premises for personal use of landlady's sons-.-Validity ---Landlady had clearly stated in her ejectment application that three of her sons were unemployed and that she wanted premises in question for establishing busines
1997 CLC 922 KARACHI-HIGH-COURT-SINDH
Sindh · 1997
FAZILAT UL HODA VS BASHIR MUHAMMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss.14, 15 & 21---Ejectment application filed by landlord under S.14, Sindh Rented Premises Ordinance, 1979, was not found to be maintainable---Rent Controller, however, had ordered eviction of tenant under S.14 of the Ordinance which was not attracted---Landlord was in f
1997 CLC 922 KARACHI-HIGH-COURT-SINDH
Sindh · 1997
FAZILAT UL HODA VS BASHIR MUHAMMAD Ss.14, 15 & 21---Ejectment application filed by landlord under S.14, Sindh Rented Premises Ordinance, 1979, was not found to be maintainable---Rent Controller, however, had ordered eviction of tenant under S.14 of the Ordinance which was not attracted---Landlord was in fact entitled to seek eviction in terms of S.15, Sindh Rented Premises Ordinance, 1979, fo
1997 CLC 992 KARACHI-HIGH-COURT-SINDH
Sindh · 1997
FAZILAT UL HODA VS BASHIR MUHAMMAD Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 Ss.14, 15 & 21---Ejectment application filed by landlord under S.14, Sindh Rented Premises Ordinance, 1979, was not found to be maintainable---Rent Controller, however, had ordered eviction of tenant under S.14 of the Ordinance which was not attracted---Landlord was in fact en
1997 MLD 2283 KARACHI-HIGH-COURT-SINDH
Sindh · 1997
TAHIR ALI BHAI VS NAZ PERWARA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Bona fide personal need of landlord/landlady---Essentials---Landlady would have right and privilege to reside 'in her own house---Plea that landlady had been living with her husband in his house for quite some time would not be a bar to seek tenant's eviction for her own
1997 MLD 2283 KARACHI-HIGH-COURT-SINDH
Sindh · 1997
TAHIR ALI BHAI VS NAZ PERWARA Sindh Rented Premises Ordinance 1979--21 , ----S.15---Bona fide personal need of landlord/landlady---Essentials---Landlady would have right and privilege to reside 'in her own house---Plea that landlady had been living with her husband in his house for quite some time would not be a bar to seek tenant's eviction for her own use---Landlady had consistently plea
1997 MLD 2137 SUPREME-COURT-AZAD-KASHMIR
Supreme Court · 1997
ABDUL MAJEED VS DISTRICT JUDGE, MIRPUR Azad Jammu and Kashmir Interim Constitution Act 1974--44 , ----S.14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Bona fide personal need of landlord---Proof---Quantum of---Landlord and tenant were carrying on same business in same vicinity where building in question was situated; landlord, six months back sold his business
1997 MLD 2137 SUPREME-COURT-AZAD-KASHMIR
Supreme Court · 1997
ABDUL MAJEED VS DISTRICT JUDGE, MIRPUR Azad Jammu and Kashmir Rent Restriction Act 1986--14 , Azad Jammu and Kashmir Rent Restriction Act 1986 ----S.14(3)(a)(ii)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Application for eviction of tenant from shops for personal use of landlord---Expression "good faith" as used in S.14(3)(ii), Azad Jammu and Kashmir Rent Rest
1996 SCMR 877 SUPREME-COURT
Supreme Court · 1996
BOR BIBI VS ABDUL QADIR Constitution of Pakistan 1973--185 , Contract Act 1872--2 , S. 13---Transfer of Property Act (IV of 1882), S. 54---Contract Act (IX of 1872), S. 2(h)---Constitution of Pakistan. (1973), Art. 185(3)---Order of ejectment of tenant from property---Tenant basing his claim on agreement to sell executed subsequently between landlord and himself--- Order of ejectment passe
1996 SCMR 877 SUPREME-COURT
Supreme Court · 1996
BOR BIBI VS ABDUL QADIR Constitution of Pakistan 1973--185 , Contract Act 1872--2 , S. 13---Transfer of Property Act (IV of 1882), S. 54---Contract Act (IX of 1872), S. 2(h)---Constitution of Pakistan. (1973), Art. 185(3)---Order of ejectment of tenant from property---Tenant basing his claim on agreement to sell executed subsequently between landlord and himself--- Order of ejectment passe
1996 SCMR 877 SUPREME-COURT
Supreme Court · 1996
BOR BIBI VS ABDUL QADIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Transfer of Property Act (IV of 1882), S. 54---Contract Act (IX of 1872), S. 2(h)---Constitution of Pakistan. (1973), Art. 185(3)---Order of ejectment of tenant from property---Tenant basing his claim on agreement to sell executed subsequently betwee
1996 SCMR 877 SUPREME-COURT
Supreme Court · 1996
BOR BIBI VS ABDUL QADIR Transfer of Property Act 1882--54 , Transfer of Property Act 1882 .----S. 54---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Tenant claiming to be in possession of agreement to sell ---eviction--Validity---High Court had come to conclusion that tenant could not be allowed to retain his possession on such agreement till decision of his title by
1996 SCMR 349 SUPREME-COURT
Supreme Court · 1996
IMAM-UD-DIN VS ATIQUE YOUSAF BOKHARI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S.13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant for non-compliance of tentative rent order of Rent Controller---Validity---Tenant claimed that he had deposited arrears of rent before stipulated date but could not produce
1996 SCMR 349 SUPREME-COURT
Supreme Court · 1996
IMAM-UD-DIN VS ATIQUE YOUSAF BOKHARI Constitution of Pakistan 1973--185 , S.13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant for non-compliance of tentative rent order of Rent Controller---Validity---Tenant claimed that he had deposited arrears of rent before stipulated date but could not produce relevant documents to establish deposit thereof---Tenant produced docume
1996 SCMR 97 SUPREME-COURT
Supreme Court · 1996
TAJ MUHAMMAD ABBASI VS FEROZESONS (RAWALPINDI) PVT. LIMITED, RAWALPINDI Cantonments Rent Restriction Act 1963--23 , Cantonments Rent Restriction Act 1963 Ss. 23, 17 & 17-A---Where an application for eviction is dismissed -for default of appearance or for failure to produce evidence, a subsequent petition on the. same cause of action claiming the same relief is not barred under S.23 of the
1996 SCMR 97 SUPREME-COURT
Supreme Court · 1996
TAJ MUHAMMAD ABBASI VS FEROZESONS (RAWALPINDI) PVT. LIMITED, RAWALPINDI Cantonments Rent Restriction Act 1963--17-A , Ss. 23, 17 & 17-A---Where an application for eviction is dismissed -for default of appearance or for failure to produce evidence, a subsequent petition on the. same cause of action claiming the same relief is not barred under S.23 of the Cantonments Rent Restriction Act, 19
1996 SCMR 97 SUPREME-COURT
Supreme Court · 1996
TAJ MUHAMMAD ABBASI VS FEROZESONS (RAWALPINDI) PVT. LIMITED, RAWALPINDI Constitution of Pakistan 1973--185 , Ss. 23 & 17---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider, inter alia, whether in the presence of the dismissal of the earlier application for eviction of the predecessor-in-interest of tenant, fresh application on the same ground was mainta
1996 SCMR 19 SUPREME-COURT
Supreme Court · 1996
MUHAMMAD AYAZ VS ISHTIAQ Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal requirement of landlord ---Leave to appeal was granted to consider contention of tenant that there was overwhelming evidence on record to show that landl6rd was already in possession of another shop in same buil
1996 SCMR 19 SUPREME-COURT
Supreme Court · 1996
MUHAMMAD AYAZ VS ISHTIAQ Constitution of Pakistan 1973--185 , S. 17---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal requirement of landlord ---Leave to appeal was granted to consider contention of tenant that there was overwhelming evidence on record to show that landl6rd was already in possession of another shop in same building where he was carrying on his business; w
1996 SCMR 1661 SUPREME-COURT
Supreme Court · 1996
NOOR ELAHI VS MUHAMMAD SHARIF KHAN SHINWARI Constitution of Pakistan 1973--185 , ----S. 17---Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenant on basis of terms incorporated in rent deed---Statutory provision of notice as contained in third proviso of S. 17(4) of Cantonments Rent Restriction Act, 1963---Effect---Landlord seeking eviction of tenant from rented premises being
1996 SCMR 1661 SUPREME-COURT
Supreme Court · 1996
NOOR ELAHI VS MUHAMMAD SHARIF KHAN SHINWARI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenant on basis of terms incorporated in rent deed---Statutory provision of notice as contained in third proviso of S. 17(4) of Cantonments Rent Restriction Act, 1963---Effect---Landlord seeking
1996 SCMR 1339 SUPREME-COURT
Supreme Court · 1996
HASSAN KHAN VS AZIZ AHMED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Ex parte order of eviction against tenant and sub-tenant passed by Rent Controller---Tenant and sub-tenant did not contest order of ejectment but filed objections in execution proceedings claiming lack of notice and lack of knowledge of ejectment application---Tenant also t
1996 SCMR 1257 SUPREME-COURT
Supreme Court · 1996
NIGHAT BASHIR VS SHOUKAT FAIZI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Constitution of Pakistan (1973), Art. 185---Bona fide personal need of landlady---Order of eviction passed by Rent Controller was set aside by High Court---Validity---High Court. failed to take notice of certain material facts appearing in evidence---Premises where landlad
1996 SCMR 1257 SUPREME-COURT
Supreme Court · 1996
NIGHAT BASHIR VS SHOUKAT FAIZI Constitution of Pakistan 1973--185 , S. 15---Constitution of Pakistan (1973), Art. 185---Bona fide personal need of landlady---Order of eviction passed by Rent Controller was set aside by High Court---Validity---High Court. failed to take notice of certain material facts appearing in evidence---Premises where landlady was residing had been gifted by her fathe
1996 PLD 48 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1996
SAEED MUHAMMAD VS MEHRULLAH West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15 --- Ejectment of tenant --- Payment by tenant styled as "Pugree"--Effect --- Relations between landlord and tenant were regulated by West Pakistan Urban Rent Restriction Ordinance, 1959 --- Where, however, terms of contract contravene provision of law (payment of Pugree) same must give way bei
1996 PLD 48 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1996
SAEED MUHAMMAD VS MEHRULLAH West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13 & 15 --- Ejectment of tenant --- Payment by tenant styled as "Pugree"--Effect --- Relations between landlord and tenant were regulated by West Pakistan Urban Rent Restriction Ordinance, 1959 --- Where, however, terms of contract contravene provisio
1996 PLD 308 LAHORE-HIGH-COURT-LAHORE
Punjab · 1996
MUHAMMAD IBRAHI VS ABDUS SALAM BHATTI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13 --- Default in payment of rent --- Discretion of Court, exercise of --- Power to direct eviction of tenant under S. 13, West Pakistan Urban Rent Restriction 'Ordinance, 1959 due to default is within discretion of Court, but non-payment of
1996 PLD 252 LAHORE-HIGH-COURT-LAHORE
Punjab · 1996
MUHAMMAD SIDDIQUE VS FAZAL HUSSAIN QURESHI West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(6) & 15(5), (6) --- Denial of relationship of landlord and tenant --- Rent Controller deciding such issue in favour of landlord and ordering eviction of tenant --- During pendency of alleged tenant's appeal against Rent Controller's order of eviction, landlord applied that alleged te
1996 PLD 252 LAHORE-HIGH-COURT-LAHORE
Punjab · 1996
MUHAMMAD SIDDIQUE VS FAZAL HUSSAIN QURESHI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13(6) & 15(5), (6) --- Denial of relationship of landlord and tenant --- Rent Controller deciding such issue in favour of landlord and ordering eviction of tenant --- During pendency of alleged tenant's appeal against Rent Controller's
1996 CLC 1167 LAHORE-HIGH-COURT-LAHORE
Punjab · 1996
MUHAMMAD ANWAR VS MUHAMMAD HUSSAIN Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Civil Procedure Code --Order I of C.P.C. Parties to Suits O.1, R. 10 '& S. 115---Suit for recovery of rent arrears and ejectment --Petitioners' application to be joined as party was rejected by Trial Court--Validity---Petitioners had already gone to Civil Court for adjudication of their title
1996 CLC 1167 LAHORE-HIGH-COURT-LAHORE
Punjab · 1996
MUHAMMAD ANWAR VS MUHAMMAD HUSSAIN Code of Civil Procedure 1908--115 , O.1, R. 10 '& S. 115---Suit for recovery of rent arrears and ejectment --Petitioners' application to be joined as party was rejected by Trial Court--Validity---Petitioners had already gone to Civil Court for adjudication of their title to property in question ---Averments in plaints showed that petitioners had laid no c
1996 MLD 1131 LAHORE-HIGH-COURT-LAHORE
Punjab · 1996
ASHIQ ALI VS NAEEM-UR-REHMAN TAHIR West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 2 & 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---Expression "landlord" and "owners of land"---Connotation---Bona fide personal requirement by landlord---For determination of personal requirement of landlord, Ren
1996 MLD 391 LAHORE-HIGH-COURT-LAHORE
Punjab · 1996
PAKISTAN BURMAH SHELL VS DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Constitution of Pakistan (1973), Art.199---Constitutional petition--Ejectment proceedings---New plea---Raising new plea in Constitutional petition---Effect---Petitioner had admitted in his written reply to ejectment application tha
1996 MLD 391 LAHORE-HIGH-COURT-LAHORE
Punjab · 1996
PAKISTAN BURMAH SHELL VS DISTRICT JUDGE Constitution of Pakistan 1973--199 , ----S.13---Constitution of Pakistan (1973), Art.199---Constitutional petition--Ejectment proceedings---New plea---Raising new plea in Constitutional petition---Effect---Petitioner had admitted in his written reply to ejectment application that he was tenant under respondent on a specified monthly rent--eviction of
1996 PLD 109 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
MUHAMMAD SHAFI VS STATE LIFE INSURANCE CORPORATION OF PAKSITAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(iii)(i) --- Subletting --- Tenant initially was running a "proprietorship concern", but later on it was changed into "partnership concern" whereby two of the tenant's brothers were inducted as partners in the concern without permission of l
1996 CLC 1276 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
SAHIRA KHATOON VS MOINUL HAQ Sindh Rented Premises Ordinance 1979--18 , Ss. 15(2)(vii) & 18---Bona fide personal need of landlord---Premises in dispute was gifted out to landlord by original owner thereof and donee landlord served notice under S. 18 of Sindh Rented Premises Ordinance, 1979 for change of ownership ---Ejectment application filed by donee landlord against tenant on ground of
1996 MLD 853 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
AMTUL BEGUM VS JUMA KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Bona fide personal need of married daughter of landlord--Where a landlord desired bona fide to settle and lodge his married daughter he could not be denied that privilege---It would not be logical- that after marriage of daughter, landlord should be disentitled to see
1996 MLD 797 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
MUHAMMAD ISHAQ VS MUHAMMAD ZUBAIR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 21---Relationship of landlord and tenant---Stay of proceedings--Mere pendency of a civil suit regarding ownership of premises in question would not automatically stay the proceedings of case or appeal under Sindh Rented Premises Ordinance, 1979---If any party wanted
1996 MLD 797 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
MUHAMMAD ISHAQ VS MUHAMMAD ZUBAIR Sindh Rented Premises Ordinance 1979--21 , ----Ss.15 & 21---Relationship of landlord and tenant---Stay of proceedings--Mere pendency of a civil suit regarding ownership of premises in question would not automatically stay the proceedings of case or appeal under Sindh Rented Premises Ordinance, 1979---If any party wanted stay of proceedings it could apply f
1996 MLD 544 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
PAKISTAN BURMAH SHELL LTD. VS KHALIL AHMED Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S.14---Bona fide personal need of landlord---Son of landlord was carrying on his business in one room of another residential building owned by landlord and no evidence was available on record to show that landlord was in occupation of any other non-residential buil
1996 MLD 229 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
GALAXY CONSTRUCTIONS (PVT.) LTD. COMPANY, KARACHI VS KHALID MAHMOOD DURRANI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15(2)(vi) & 15-A---Ejectment of tenant on ground of reconstruction of premises---Relationship of landlord and tenant---Continuity of---Where possession of premises in question was obtained by landlord from tenant on ground of rec
1996 MLD 229 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
GALAXY CONSTRUCTIONS (PVT.) LTD. COMPANY, KARACHI VS KHALID MAHMOOD DURRANI Sindh Rented Premises Ordinance 1979--15-A , ----Ss.15(2)(vi) & 15-A---Ejectment of tenant on ground of reconstruction of premises---Relationship of landlord and tenant---Continuity of---Where possession of premises in question was obtained by landlord from tenant on ground of reconstruction of that premises, right
1996 CLC 619 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
ISMAIL ADAMJEE VS BILQUIS IQBAL Sindh Rented Premises Ordinance 1979--6 , Ss. 5 & 6---Agreement of tenancy---If terms of tenancy were not contrary to relevant law, determination and payment of rent as also the eviction of tenant would be governed by covenants contained in agreement of tenancy.
1996 CLC 619 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
ISMAIL ADAMJEE VS BILQUIS IQBAL Sindh Rented Premises Ordinance 1979--5 , Sindh Rented Premises Ordinance 1979 Ss. 5 & 6---Agreement of tenancy---If terms of tenancy were not contrary to relevant law, determination and payment of rent as also the eviction of tenant would be governed by covenants contained in agreement of tenancy.
1996 CLC 394 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
ANWAR BAIG VS ABDUL RAB Sindh Rented Premises Ordinance 1979--15 , Ss. 10 & 15(2)(ii)---Payment of rent---Mode of---Rent would become payable in tern of mutual agreement between parties when agreement to that effect was executed between them but where date for payment of rent was not fixed by mutual agreement between landlord and tenant, rent would be due on 10th of the month next followin
1996 CLC 394 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
ANWAR BAIG VS ABDUL RAB Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979 Ss. 10 & 15(2)(ii)---Payment of rent---Mode of---Rent would become payable in tern of mutual agreement between parties when agreement to that effect was executed between them but where date for payment of rent was not fixed by mutual agreement between landlord and tenant, rent would be d
1996 CLC 377 KARACHI-HIGH-COURT-SINDH
Sindh · 1996
JEHAN ARA VS TAYYABA KHATOON Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 S. 18---Change in ownership of premises---Notice to tenant---Tenant must have positive knowledge about the change in ownership of premises---eviction application filed by new owner was sufficient notice to tenant about change in ownership of premises.
1995 SCMR 730 SUPREME-COURT
Supreme Court · 1995
MUHAMMAD ISHAQ VS MUHAMMAD SIDDIQUE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Constitution of Pakistan (1973), Art. 185 (3)---Landlord had raised two pleas in his eviction application viz. non-payment of rent and damage to property---Rent Controller had not recorded any finding that tenant had made default in payme
1995 SCMR 730 SUPREME-COURT
Supreme Court · 1995
MUHAMMAD ISHAQ VS MUHAMMAD SIDDIQUE Constitution of Pakistan 1973--185 , S. 13---Constitution of Pakistan (1973), Art. 185 (3)---Landlord had raised two pleas in his eviction application viz. non-payment of rent and damage to property---Rent Controller had not recorded any finding that tenant had made default in payment of rent or that he had damaged the property in question--Clear finding
1995 SCMR 317 SUPREME-COURT
Supreme Court · 1995
SHAHNAZ BEGUM VS DAULAT ROSHAN ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S.15---Bona fide personal need of landlady---Quantum of proof---Landlady had produced evidence that she was putting up alongwith her family in the house of her father-in-law who had asked her to leave the house and she had acquired another rented accommodation---Evidence on re
1995 SCMR 305 SUPREME-COURT
Supreme Court · 1995
MARKET COMMITTEE, MULTAN VS MUHAMMAD SABIR Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--25 , S. 30---Constitution of Pakistan (1973), Arts. 185(3), 199 & 25--Discrimination, rule of ---Consistency---Affectees of clean up operation by Market Committee, occupying plots lying within the boundary of New Market and constructing shops after their eviction from the old grai
1995 SCMR 305 SUPREME-COURT
Supreme Court · 1995
MARKET COMMITTEE, MULTAN VS MUHAMMAD SABIR Punjab Agricultural Produce Markets Ordinance 1978--30 , Punjab Agricultural Produce Markets Ordinance 1978 S. 30---Constitution of Pakistan (1973), Arts. 185(3), 199 & 25--Discrimination, rule of ---Consistency---Affectees of clean up operation by Market Committee, occupying plots lying within the boundary of New Market and constructing shops aft
1995 SCMR 287 SUPREME-COURT
Supreme Court · 1995
MISBAHULLAH KHAN VS MEMOONA TASKINUDDIN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S.17---Interpretation and scope of S.17, Cantonments Rent Restriction Act, 1963---eviction of tenant---Tentative rent order can be passed by the Rent Controller even if ground of default is not alleged for seeking eviction.----S.17(8)---Provision of S.17(8), Cantonments
1995 SCMR 262 SUPREME-COURT
Supreme Court · 1995
PROVINCE OF PUNJAB VS ANWAR Constitution of Pakistan 1973--185 , S. 13---West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act (VII of 1956), S. 3 (1)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider; whether Authorities under West Pakistan Urban Rent Restriction Ordinance, 1959, were competent to direct eviction of tenants in view
1995 SCMR 262 SUPREME-COURT
Supreme Court · 1995
PROVINCE OF PUNJAB VS ANWAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act (VII of 1956), S. 3 (1)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider; whether Authorities under West Pakistan Urban Rent Restrict
1995 SCMR 146 SUPREME-COURT
Supreme Court · 1995
ABID MASOOD VS DILSHAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Quantum of proof ---Ejectment of tenant from shop in question, on account of requiring same in good faith for personal use of landlord's son---Landlords owned nu
1995 SCMR 146 SUPREME-COURT
Supreme Court · 1995
ABID MASOOD VS DILSHAD KHAN Constitution of Pakistan 1973--185 , S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Quantum of proof ---Ejectment of tenant from shop in question, on account of requiring same in good faith for personal use of landlord's son---Landlords owned numerous shops in the building and during pendency of proceedings got vacat
1995 PLD 609 SUPREME-COURT
Supreme Court · 1995
NOOR ELAHI VS MUHAMMAD SHARIF KHAN SHINWARI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17(4), 3rd proviso ---Ejectment of tenant---Non-service of notice--Effect---Service of notice under 3rd proviso to S.17(4) of the Act was mandatory for seeking eviction of tenant who was occupying premises where business of Serais, hotels, Dak-bungalows, lodg
1995 SCMR 1407 SUPREME-COURT
Supreme Court · 1995
TAHIR HUSSAIN MALIK VS NAJMA RAFI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 18---Constitution of Pakistan (1973), Art. 185---Ejectment application---Denial of relationship of landlady and tenant by alleged tenant--Rent Controller as also High Court ordered ejectment of tenant ---Validity--Execution of registered sale deed by previous owner in
1995 SCMR 1407 SUPREME-COURT
Supreme Court · 1995
TAHIR HUSSAIN MALIK VS NAJMA RAFI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Constitution of Pakistan (1973), Art. 185---Ejectment application---Denial of relationship of landlady and tenant by alleged tenant--Rent Controller as also High Court ordered ejectment of tenant ---Validity--Execution of registered sale deed by previous owner in
1995 SCMR 1407 SUPREME-COURT
Supreme Court · 1995
TAHIR HUSSAIN MALIK VS NAJMA RAFI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Constitution of Pakistan (1973), Art. 185---Ejectment application---Denial of relationship of landlady and tenant by alleged tenant--Rent Controller as also High Court ordered ejectment of tenant ---Validity--Execution of registered sale deed by previous owner in
1995 SCMR 1153 SUPREME-COURT
Supreme Court · 1995
MUHAMMAD TARIQ KHAN VS MUHAMMAD SHARIF KHAN SHINWARI Constitution of Pakistan 1973--185 , S. 17---Constitution of Pakistan (1973), Art. 185(3)---eviction of tenant from rented premises used inter alia as a hotel or restaurant---Notice of two years to such tenant before moving application for his ejectment being mandatory requirement, no such notice was admittedly given by landlord in writi
1995 SCMR 1153 SUPREME-COURT
Supreme Court · 1995
MUHAMMAD TARIQ KHAN VS MUHAMMAD SHARIF KHAN SHINWARI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17---Constitution of Pakistan (1973), Art. 185(3)---eviction of tenant from rented premises used inter alia as a hotel or restaurant---Notice of two years to such tenant before moving application for his ejectment being mandatory requirement, no such not
1995 SCMR 1125 SUPREME-COURT
Supreme Court · 1995
MUHAMMAD RAMZAN VS GENERAL IRON STORES West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Constitution of Pakistan (1973), Art. 185 (3)---Bona fide personal need of landlord---Leave to appeal was granted to examine, whether property owned by landlord which was with either his son-in-law or son or other tenant would constitu
1995 SCMR 1125 SUPREME-COURT
Supreme Court · 1995
MUHAMMAD RAMZAN VS GENERAL IRON STORES Constitution of Pakistan 1973--185 , S. 13---Constitution of Pakistan (1973), Art. 185 (3)---Bona fide personal need of landlord---Leave to appeal was granted to examine, whether property owned by landlord which was with either his son-in-law or son or other tenant would constitute bar for his seeking eviction of tenant on ground of personal requireme
1995 PLD 561 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
MUHAMMAD SHAFIQUE VS ZAHIDA BEGUM Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17---Civil Procedure Code (V of 1908), Preamble---Provisions of Civil Procedure Code, 1908???Applicability to proceedings in ejectment application? Scope???Civil Procedure Code, 1908, in its complete sense although does not apply to proceedings in applications for eviction
1995 PLD 561 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
MUHAMMAD SHAFIQUE VS ZAHIDA BEGUM Code of Civil Procedure 1908--PREAMBLE , S. 17---Civil Procedure Code (V of 1908), Preamble---Provisions of Civil Procedure Code, 1908---Applicability to proceedings in ejectment application- Scope---Civil Procedure Code, 1908, in its complete sense although does not apply to proceedings in applications for eviction of tenants yet when objection was taken
1995 MLD 1371 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
ABDUL HAMID GHAFFARI VS ZUBAIDA IHSANUL HAQ Qanun-e-Shahadat Order 1984--115 , ----S.13---Qanun-e-Shahadat (10 of 1984), Art. 115---Landlord and tenant, relationship of---Tenant while denying such relationship produced no evidence that such relation had ceased to exist---Tenant having once been inducted into premises by landlord could not subsequently deny his title; only exception to such
1995 MLD 1371 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
ABDUL HAMID GHAFFARI VS ZUBAIDA IHSANUL HAQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Qanun-e-Shahadat (10 of 1984), Art. 115---Landlord and tenant, relationship of---Tenant while denying such relationship produced no evidence that such relation had ceased to exist---Tenant having once been inducted into premise
1995 MLD 1155 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
SHAUKAT ALI VS MUHAMMAD AYUB West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----Ss. 13(6) & 15---Rent Controller's tentative rent order ---Non-compliance--Tenant's defence was struck off for non-compliance of Rent Controller's order of deposit of tentative rent anti his eviction ordered---Order of Rent Controller was affirmed by First Appellate forum---Validity---Tenant had fail
1995 MLD 1155 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
SHAUKAT ALI VS MUHAMMAD AYUB West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13(6) & 15---Rent Controller's tentative rent order ---Non-compliance--Tenant's defence was struck off for non-compliance of Rent Controller's order of deposit of tentative rent anti his eviction ordered---Order of Rent Controller was affirmed b
1995 MLD 1002 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
MAHBOOB ILAHI KHAWAJA VS KHADIM HUSSAIN West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----Ss. 13(2)(ii) & 15(6)---Subletting---Ejectment of tenant on ground of subletting was affirmed by First Appellate Court---Validity---Once occupation of third person was established on record, tenant had to show thereafter, the capacity in which that person was in possession--Evidence on rec
1995 MLD 1002 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
MAHBOOB ILAHI KHAWAJA VS KHADIM HUSSAIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13(2)(ii) & 15(6)---Subletting---Ejectment of tenant on ground of subletting was affirmed by First Appellate Court---Validity---Once occupation of third person was established on record, tenant had to show thereafter, the capacity in
1995 MLD 974 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
MUHAMMAD IQBAL SHAFI VS PERVAIZ ALAMGIR SHAIKH Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Execution of eviction order---Petitioner, who had purchased 1/2 share of premises and had got possession thereof, with the collusion of tenant (after order of ejectment had been pass
1995 MLD 974 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
MUHAMMAD IQBAL SHAFI VS PERVAIZ ALAMGIR SHAIKH Constitution of Pakistan 1973--199 , ----S. 17---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Execution of eviction order---Petitioner, who had purchased 1/2 share of premises and had got possession thereof, with the collusion of tenant (after order of ejectment had been passed against tenant) contended that he having b
1995 CLC 63 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
KHADIM HUSSAIN VS MAHBOOB ELAHI KHAWAJA West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13(2)(ii) & 15(6)---Ejectment of tenant on ground of subletting of premises---Person impleaded as sub-tenant was admittedly in occupation of premises any d lie had taken different stands on different occasions as to his capacity as occupi
1995 CLC 63 LAHORE-HIGH-COURT-LAHORE
Punjab · 1995
KHADIM HUSSAIN VS MAHBOOB ELAHI KHAWAJA West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(2)(ii) & 15(6)---Ejectment of tenant on ground of subletting of premises---Person impleaded as sub-tenant was admittedly in occupation of premises any d lie had taken different stands on different occasions as to his capacity as occupier of the same---Evidence of tenant clearly showed t
1995 PLD 393 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
ENGLISH COLD STORAGE CO. VS STATE LIFE INSURANCE CO. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S 15(2)(iii)(a)---Subletting of premises ---Premises was rented out to a din registered firm consisting of four partners ---Later on original four partners c firm retired from partnership of firm and ceased to have any right, with interest, claim or concern i
1995 PLD 295 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
ABDUL HANNAN PASHA VS M.C. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15- --Default in payment of rent- --Proof-- -Tenant was admittedly served with notice of death of landlady and the factum that her heirs were new landlords-- -Despite such notice, tenant deposited rent in the name of deceased landlady which could have been accidental or uninten
1995 PLD 242 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
PAUL NEWMAN VS ASMA KHAN Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 19---Ex Parte order--- Personal bona fide need of landlord-- Tenant was served through process-server of Court, but service could not be effected on various, dates--- Notices were sent by registered post, but neither A.D. receipts nor envelope covering notices were returned to
1995 PLD 242 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
PAUL NEWMAN VS ASMA KHAN Sindh Rented Premises Ordinance 1979--15 , Ss. 15 & 19---Ex Parte order--- Personal bona fide need of landlord-- Tenant was served through process-server of Court, but service could not be effected on various, dates--- Notices were sent by registered post, but neither A.D. receipts nor envelope covering notices were returned to the Court---Rent Controller directed
1995 MLD 1880 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
MUHAMMAD MOOSA KHAWAJA VS MUHAMMAD UMAR Sindh Rented Premises Ordinance 1979--18 , ----Ss.15 & 18---Bona fide personal need of landlord---Proof---Landlord had acquired ownership of premises in question on 30-4-1991 and on 6-7-1991 he had sent notice to tenant under S.18 of the Ordinance requiring him to execute fresh agreement of tenancy and to pay rent to him as new owner---Such fact by i
1995 MLD 1880 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
MUHAMMAD MOOSA KHAWAJA VS MUHAMMAD UMAR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(vii)---Bona fide personal need of landlord---Proof---Essentials--Landlord was required to prove "good faith" where he was seeking ejectment on the ground of personal requirement or use for himself or his spouse or any of his children--Landlord must allege and pro
1995 MLD 1146 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
SATTAR VS ZAKI AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Civil Procedure Code (V of 1908). O.XLI, R. 5(2)---Constitution of Pakistan (1973), Art. 199---Equitable relief, grant of---Petitioner filing Constitutional petition against interim order of Rent Controller, seeking protection of Court against his ejectment as a result of order
1995 MLD 1146 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
SATTAR VS ZAKI AHMAD Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--5 , ----S. 15---Civil Procedure Code (V of 1908). O.XLI, R. 5(2)---Constitution of Pakistan (1973), Art. 199---Equitable relief, grant of---Petitioner filing Constitutional petition against interim order of Rent Controller, seeking protection of Court against his ejectment as a result of order of
1995 MLD 1054 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
CHARTERED BANK VS SHIRIN BAI Y. SAJJAN Sindh Rented Premises Ordinance 1979--6 , Sindh Rented Premises Ordinance 1979 ----Ss. 6 & 15(2)(i)---Ejectment after expiry of lease period---Premises in dispute was leased out to tenant Bank and initial lease agreement was executed for a period of three years with a clause for-renewal of lease for further period of three years and that practice cont
1995 MLD 820 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
AMEERUL HASSAN KHAN VS ABDUL WAHEED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Personal bona fide need of landlord---Landlords were residing in ground floor of building whereas tenant was residing in first floor of building owned by landlords---Evidence on record had fully established that landlords were six brothers having a widow mo
1995 MLD 408 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
AZIZUR REHMAN VS ABDUL KHALIQ Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979 ----S.10---Mode of payment of rent---Tenant was under obligation to pay rent to landlord---Landlord on receipt of such rent would acknowledge receipt thereof in writing---Where landlord had refused or avoided to accept rent, law would permit tenant to send the same by money order o
1995 MLD 352 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
MOHIB-E-ALI VS SHAHID HAFEEZ Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , ----O.XXXIX, Rr.l & 2---Suit for specific performance of agreement--Request for ad interim injunction---Validity---Plaintiff's father being tenant his ejectment from pro
1995 MLD 163 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
KHURSHEED AGHA VS HAJRA BI 1992 SCMR 46, PLD 1976 SC 469, Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2) & 21(1)---Ejectment application---Maintainability---Tenant contended that landlord, being fully conscious of death of original- tenant, having omitted to join two sons of original landlord as party to eviction application, application for ejectment had become incompetent and no
1995 CLC 931 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
MUHAMMAD USMAN VS IQBAL HUSSAIN KHAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 Ss.14 & 15---Benefit of S.14, Sindh Rented Premises Ordinance, 1979--Provision contained in S.14 of the Ordinance was meant to benefit inter alia certain category of landlords who were about to retire or had retired or who were about to cross particular age---Such provision
1995 CLC 931 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
MUHAMMAD USMAN VS IQBAL HUSSAIN KHAN Sindh Rented Premises Ordinance 1979--15 , Ss.14 & 15---Benefit of S.14, Sindh Rented Premises Ordinance, 1979--Provision contained in S.14 of the Ordinance was meant to benefit inter alia certain category of landlords who were about to retire or had retired or who were about to cross particular age---Such provision is in addition to those normal provis
1995 PLD 179 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
ABDUL SHAKOOR VS ABDUL RAZZQUE-ABDUL SATTAR Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 Ss. 21(f) & 15---Relationship of landlord and tenant--- Proof--- Landlord means owner of premises and includes any person for the time being authorized or entitled to receive rent in respect of premises in question-- Respondents in the past had admittedly paid rent to
1995 CLC 569 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
KHURSHID BEGUM VS S.C. KOU Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S. 14---Application for ejectment of tenant, in terms of S. 14, Sindh Rented Premises Ordinance, 1979---Question of bona fides in such application, could not be looked into while considering need of landlady for requirement of such premises---Provisions of S. 14 of the Ordinance does
1995 CLC 564 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
MUHAMMAD ASGHAR VS KHOLA DIN Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--3 , Ss. 15, 16(2) & 3(2)---Non-compliance of Rent Controller's order for deposit of rent---Striking off tenant's defence---Validity---Tenant denying relationship of landlord and tenant on the ground that premises in question, belonged to Karachi Port Trust, which was exempted from
1995 CLC 564 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
MUHAMMAD ASGHAR VS KHOLA DIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15, 16(2) & 3(2)---Non-compliance of Rent Controller's order for deposit of rent---Striking off tenant's defence---Validity---Tenant denying relationship of landlord and tenant on the ground that premises in question, belonged to Karachi Port Trust, which was exempted from opera
1995 CLC 178 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
RASHIDA AFSAR VS KAZI AND SONS Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , S. 15---Civil Procedure Code (V of 1908), 0.I, R.10---Application for ejectment against tenant-=-Necessary party---Wife of tenant moving application for being impleaded as a respondent in place of, or in addition to, her husband who was missing or unheard of since 1985 and that she and her childr
1995 CLC 178 KARACHI-HIGH-COURT-SINDH
Sindh · 1995
RASHIDA AFSAR VS KAZI AND SONS West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15---Civil Procedure Code (V of 1908), 0.I, R.10---Application for ejectment against tenant-=-Necessary party---Wife of tenant moving application for being impleaded as a respondent in place of, or in addition to, her husband who was missing or unh
1994 SCMR 971 SUPREME-COURT
Supreme Court · 1994
FAKHRA JAVED VS NOOR ALI Constitution of Pakistan 1973--185 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord ---Ejectment of tenant from shop in question on ground of personal need of landlady for starting business of garments and boutique--Leave to appeal was granted to consider, whether to start business of garments and boutique actual trai
1994 SCMR 971 SUPREME-COURT
Supreme Court · 1994
FAKHRA JAVED VS NOOR ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord ---Ejectment of tenant from shop in question on ground of personal need of landlady for starting business of garments and boutique--Leave to appeal was granted to consider, whether to start bu
1994 SCMR 913 SUPREME-COURT
Supreme Court · 1994
NAJMA ASHRAF VS NOOR JEHAN Sindh Rented Premises Ordinance 1979--15 , -----Ss. 14` & 15---Application under S. 14, Sindh Rented Premises Ordinance, 1979 for summary eviction of tenant from a commercial premises on the ground that landlady who was ailing person, had attained the age of 61 years and was living with her crippled son on the top floor of the same building and they both found it
1994 SCMR 913 SUPREME-COURT
Supreme Court · 1994
NAJMA ASHRAF VS NOOR JEHAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S. 14---Constitution of Pakistan (1973), Art: 185 (3)---Leave to appeal was granted to examine whether in view of the fact that landlady was in possession of residential accommodation on the top floor of the same building, could she press into service S. 14 of the Ordinance to see
1994 SCMR 913 SUPREME-COURT
Supreme Court · 1994
NAJMA ASHRAF VS NOOR JEHAN Constitution of Pakistan 1973--185 , ----S. 14---Constitution of Pakistan (1973), Art: 185 (3)---Leave to appeal was granted to examine whether in view of the fact that landlady was in possession of residential accommodation on the top floor of the same building, could she press into service S. 14 of the Ordinance to seek eviction of tenant from commercial premis
1994 SCMR 578 SUPREME-COURT
Supreme Court · 1994
HAMID ALI VS REHMAT ALI Transfer of Property Act 1882--113 , Transfer of Property Act 1882 ----S 113---Constitution of Pakistan (1973), Art. 185(3)---Suit for eviction of tenant---Acceptance of rent by landlord during pendency of suit for eviction by way of compromise ---Effect---Landlor's suit for eviction was decreed uptil High Court---Leave to appeal was granted to examine evidence on r
1994 SCMR 578 SUPREME-COURT
Supreme Court · 1994
HAMID ALI VS REHMAT ALI Constitution of Pakistan 1973--185 , ----S 113---Constitution of Pakistan (1973), Art. 185(3)---Suit for eviction of tenant---Acceptance of rent by landlord during pendency of suit for eviction by way of compromise ---Effect---Landlor's suit for eviction was decreed uptil High Court---Leave to appeal was granted to examine evidence on record in the light of contenti
1994 SCMR 2288 SUPREME-COURT
Supreme Court · 1994
ARSHAD MUHAMMAD KHAN VS KALSOOM BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Death of original tenant---Default in payment of rent---Proof--Burden of proof of default in payment of rent was primarily on landlord---In absence of any allegation or satisfactory evidence determination of default committed by orig
1994 SCMR 2288 SUPREME-COURT
Supreme Court · 1994
ARSHAD MUHAMMAD KHAN VS KALSOOM BIBI Constitution of Pakistan 1973--185 , ----S. 13---Preamble---Constitution of Pakistan (1973), Art. 185(3)---Object of enforcement of West Pakistan Urban Rent Restriction Ordinance, 1959--Allegation of default in payment of rent----Failure to prove---Effect---Object of enforcement of West Pakistan Urban Rent Restriction Ordinance, 1959, was the protection
1994 SCMR 2037 SUPREME-COURT
Supreme Court · 1994
ABDUL GHANI VS ZAHOOR AHMED Constitution of Pakistan 1973--185 , -----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Dispute relating to shop---Shop in dispute though not included in the -P.T.O. of petitioner, yet petitioner successfully got ejected tenant therein and got possession thereof--Shop in question was purchased in auction by respondents and they succeeded in getting poss
1994 SCMR 2037 SUPREME-COURT
Supreme Court · 1994
ABDUL GHANI VS ZAHOOR AHMED West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 -----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Dispute relating to shop---Shop in dispute though not included in the -P.T.O. of petitioner, yet petitioner successfully got ejected tenant therein and got possession thereof--Shop in question w
1994 SCMR 1987 SUPREME-COURT
Supreme Court · 1994
MUHAMMAD HANIF BAIG VS ALI AKBAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Order of eviction on said ground passed by Rent Controller was maintained by appellate forum as also by High Court in Constitutional jurisdiction---Vali
1994 SCMR 1987 SUPREME-COURT
Supreme Court · 1994
MUHAMMAD HANIF BAIG VS ALI AKBAR Constitution of Pakistan 1973--185 , ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Order of eviction on said ground passed by Rent Controller was maintained by appellate forum as also by High Court in Constitutional jurisdiction---Validity---Question whether house in question, was required bona fide for the
1994 SCMR 1984 SUPREME-COURT
Supreme Court · 1994
MUHAMMAD IKRAM KHAN VS SETTLEMENT AND REHABILITATION COMMISSIONER, RAWALPINDI Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958 ----S. 10---Constitution of Pakistan (1973), Art. 185(3)---Transfer of evacuee property---Entitlement---Petitioners were not found entitled to transfer of property in question---Rehabili
1994 SCMR 1984 SUPREME-COURT
Supreme Court · 1994
MUHAMMAD IKRAM KHAN VS SETTLEMENT AND REHABILITATION COMMISSIONER, RAWALPINDI Constitution of Pakistan 1973--185 , ----S. 10---Constitution of Pakistan (1973), Art. 185(3)---Transfer of evacuee property---Entitlement---Petitioners were not found entitled to transfer of property in question---Rehabilitation Authorities passing order of eviction against petitioners---Order of eviction having
1994 SCMR 1881 SUPREME-COURT
Supreme Court · 1994
TANVEER AKHTAR SIDDIQUI VS NAEEM JAN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S. 17---Application for ejectment of tenants---Non-joinder of all the (;j~ landlords in application for eviction---Effect---Such objection was not raised 'at any earlier stage before forums below---Had such objection been raised at an appropriate stage either rectificat
1994 PLD 84 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1994
HAQ NAWAZ VS SAKINA West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13???Bona fide personal need of landlord???Landlord seeking eviction of tenant from two shops and one godown???No material was bought on record suggestive in the testimony of witnesses which might convincingly substantiate bona fide requirement pertaining to second shop or godown???Evidence on record merely de
1994 PLD 71 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1994
KHAIRUNISSA VS ABDUL SAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(3) & (4)???Restoration of possession of demised premises to tenant-Prerequisites???Where landlord in pursuance of order of eviction did not himself or where premises had been got vacated for the occupation of any of his children, such child did not occupy the same within one month of the date of vaca
1994 PLD 184 PESHAWAR-HIGH-COURT
KPK · 1994
ABDUL JALIL VS HAMID FAROOQ West Pakistan Urban Rent Restriction Ordinance 1959--17 , S. 17---Execution of eviction order---Starting point of limitation--Limitation for submission of execution application would start from the date of final decree where appeal had been filed and not from the date of original decree: --[Limitation].
1994 PLD 55 PESHAWAR-HIGH-COURT
KPK · 1994
SAHIBZADA VS ROZI KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(vi)---Ejectment of tenant on ground of reconstruction of property by landlord---Essentials---Landlord could seek eviction of tenant from rented building which he reasonably and in good faith required for reconstruction and had obtained necessary sanction for reconstruction of property from the concern
1994 CLC 2017 LAHORE-HIGH-COURT-LAHORE
Punjab · 1994
MUHAMMAD HANIF VS MUHAMMAD AFZAL West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Ejectment of shop was sought by landlord on grounds of default in rent and personal bona fide need for setting up of his personal business therein---Tenant submitted his defence by repudiating the tenancy and asserted that the landlord th
1994 CLC 1782 LAHORE-HIGH-COURT-LAHORE
Punjab · 1994
MUHAMMAD JEWAN BHATTI VS MUHAMMAD RAFIQ CHAUDHARY West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(6)---Payment of rent not denied---Appellant in his written statement had specifically averred that he had been depositing rent with Rent Controller and up to date rent stood paid---Rent Controller in face of such assertion, af
1994 CLC 1205 LAHORE-HIGH-COURT-LAHORE
Punjab · 1994
MUHAMMAD YOUSAF VS PHOOL MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Bona fide personal need of landlord and his son---Landlord has the prerogative to select any one of his shops for his use--Ground that the person/son had no experience in the business for which the landlord sought eviction was no ground for
1994 CLC 985 LAHORE-HIGH-COURT-LAHORE
Punjab · 1994
YASMIN SHAD VS AMINA BEGUM Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17(4)(a)---Personal bona fide need of landlord Ss. 17 & .24---Impleading of party???Persons seeking to be impleaded in ejectment proceedings, neither being tenants under landlord nor being parties to ejectment case, could not come in appeal against eviction order passed against l
1994 CLC 985 LAHORE-HIGH-COURT-LAHORE
Punjab · 1994
YASMIN SHAD VS AMINA BEGUM Cantonments Rent Restriction Act 1963--24 , Ss. 17 & .24---Impleading of party---Persons seeking to be impleaded in ejectment proceedings, neither being tenants under landlord nor being parties to ejectment case, could not come in appeal against eviction order passed against legal representatives of deceased original tenant.
1994 MLD 1884 LAHORE-HIGH-COURT-LAHORE
Punjab · 1994
AZHAR WALI MUHAMMAD VS TOOBA TAYYAB 1980 CLC 829, PLD 1982 Kar. 552, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963 ----Ss. 17 (4) & 24---"Family"---Definition---Personal bona fide need of landlord---Rent Controller after considering evidence of witnesses of landlady who sought eviction of tenant on ground that
1994 MLD 1884 LAHORE-HIGH-COURT-LAHORE
Punjab · 1994
AZHAR WALI MUHAMMAD VS TOOBA TAYYAB 1980 CLC 829, PLD 1982 Kar. 552, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963 ----Ss. 17 (4) & 24---"Family"---Definition---Personal bona fide need of landlord---Rent Controller after considering evidence of witnesses of landlady who sought eviction of tenant on ground that
1994 MLD 1552 LAHORE-HIGH-COURT-LAHORE
Punjab · 1994
SHER MUHAMMAD VS DARUL ULOOM USMANIA 1990 SCMR 1070, 1990 SCMR 777, PLD 1968 Lah. 863, PLD 1982 Lah. 657, PLD 1991 SC 265, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Application for ejectment of tenant---Ground for ejectment as stated in ejectment application was at variance with the evidence in support of eject
1994 MLD 1244 LAHORE-HIGH-COURT-LAHORE
Punjab · 1994
SAJJAD AHMAD VS MUHAMMAD YOUNAS 1986 SCMR 1981, 1991 CLC 1902, 1993 CLC 53, PLD 1966 Lah. 733, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(3)(a)(ii)---Bona fide personal need of landlord---Personal bona fide need of landlord in respect of. shop in dispute was resisted by tenant contending that four other shops of l
1994 PLD 404 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
AMJAD KHAN VS MUHAMMAD YAMEEN QURESHI Sindh Rented Premises Ordinance 1979--21 , ----S. 21---Bona fide personal need of landlady---Order of eviction of tenant was based on personal requirement of premises by landlady---Order of eviction had attained finality---Execution application was filed on behalf of landlady during her lifetime for implementation of ejectment order---Landlady died dur
1994 PLD 379 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
ABDUL HAMEED VS HIFAZAT HUSSAIN JAFRI Sindh Rented Premises Ordinance 1979--21 , ----S. 21---Martial Law Order, 1978 (Zone `C') No.20---Order of eviction passed by Summary Military Court was ultimately set aside by High Court--Restitution of possession---Fact that possession in the meantime had been made over to third party was of little account for such third party was claiming under the
1994 PLD 319 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
ABDUL QAYYU VS MUHAMMAD AZIM Sindh Rented Premises Ordinance 1979--22 , -----S. 22---Execution of ejectme4 order---Objection to ---Tenant/judgment debtor, during pendency of execution proceedings against him, had filed application alleging that landlord/decree-holder had entered into fresh agreement of tenancy with him after receiving certain amount from him and had also been receiving ren
1994 PLD 209 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
ZOHRA BAI VS STANDARD INDUS. LTD. Landlord and Tenant--TERM , ---- Weakness of case of tenant cannot strengthen case of landlord seeking eviction for initial onus lies on landlord to substantiate the grounds put forth for ejectment of tenant and his case has to stand on its own legs.
1994 PLD 209 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
ZOHRA BAI VS STANDARD INDUS. LTD. Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Ejectment---Building or land being used as a factory whether falling within the ambit of Sindh Rented Premises Ordinance, 1979---Landlord can invoke provisions contained in S.15, Sindh Rented Premises Ordinance, 1979 in respect of premises which would mean a building or land let out on rent and would a
1994 PLD 206 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MUHAMMAD IQBAL VS ABDUL KARIM Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Ejectment---Bona fide personal need of landlord---Landlord's plea was that he was suffering from heart ailment and found it difficult to climb stairs because of his recent heart surgery and it was inconvenient for him to live in second floor of the premises owned by his son, therefore, he needed premises i
1994 CLC 2422 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
HALEEMA BANKER VS GHULAM RASOOL SAMROO Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S. 14---Bona fide personal need of landlord---Plea of bona fide personal need lacking bona fides---Effect---Where landlady/landlord was admittedly 60 years of age she/he could be accorded benefit of S. 14, Sindh Rented Premises Ordinance, 1979, which for persons, trans
1994 CLC 2141 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MUHAMMAD SANAULLAH VS MEHRAN FEED INDUSTRIES LTD . Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Bona fide personal need of landlord---Landlord not approaching Court with clean hands and good faith---Effect---Landlord's attempt to seek eviction of tenant from the premises for his own use was not accepted in earlier round of litigation---Landlord, a
1994 CLC 2107 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MUMTAZ BEGUM VS IFTIKHAR HUSSAIN RIZVI Sindh Rented Premises Ordinance 1979--21 , Ss. 14 & 21---Personal bona fide need of landlord---Retirement of landlord---Where landlord was occupying a portion of same building for residential purposes, he could seek eviction of another portion of same building provided that he required it for commercial purpose---Landlord being in occupation of ground
1994 CLC 2107 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MUMTAZ BEGUM VS IFTIKHAR HUSSAIN RIZVI Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 Ss. 14 & 21---Personal bona fide need of landlord---Retirement of landlord---Where landlord was occupying a portion of same building for residential purposes, he could seek eviction of another portion of same building provided that he required it for commercial purpose---L
1994 CLC 1887 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MA. AYUB VS KHURSHID BEGUM Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S. 14---Bona fide personal requirement of landlord---On having become widow, landlady served upon tenant notice under S. 14(1) of Ordinance requiring him to vacate premises---Landlady, being widow was well within her rights to seek eviction of tenant, especially when tenant had failed
1994 CLC 1875 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
ATTIYA BADAR VS MUNSHI KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(vii)---Personal bona fide need of landlord---eviction of tenant on ground of personal bona fide need of landlord, could be ordered if statement of landlord on oath as to requirement of premises for his personal use, was consistent with his averments made in his ejectment app
1994 PLD 20 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MUHAMMAD RAGHIB VS ABDUL RAZZAK Sindh Rented Premises Ordinance 1979--21 , ----Ss.15(2) & 21---Ejectment of tenant---Grounds of default in payment of rent as also reconstruction of building proved on evidence---Landlord was entitled to eviction of tenant---Order of ejectment was passed against tenant with direction to hand over vacant possession of premises to landlord forthwith---No time
1994 PLD 20 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MUHAMMAD RAGHIB VS ABDUL RAZZAK Sindh Rented Premises Ordinance 1979--15 , ----S.15(2)---Ejectment of tenant on ground of re-construction of building-Essentials---Only condition which landlord must fulfil to obtain order of eviction on basis of reconstruction of building was that he should have obtained an approved plan and an order of sanction from competent Authority---Landlord having do
1994 CLC 1302 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
UBAIDUR RAZA KHAN VS SAGHERA BANO Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S.21---Civil Procedure Code (V of 1908), O.XLI, R.22---Appeal---Landlord not filing cross-objections against those issues which were decided against him---Effect---Landlord can defend order of eviction of tenant even on the basis of an issue decided against him by Rent Controll
1994 CLC 1302 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
UBAIDUR RAZA KHAN VS SAGHERA BANO Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--22 , Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees S.21---Civil Procedure Code (V of 1908), O.XLI, R.22---Appeal---Landlord not filing cross-objections against those issues which were decided against him---Effect---Landlord can defend order of eviction of t
1994 CLC 1123 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MUHAMMAD AYUB KHAN VS ABDUL AZIZ BURNEY . Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21---Appeal by landlord on question of default only which was decided against him although ejectment of tenant was ordered on ground of personal requirement---Maintainability---Landlord who had succeeded in ejectment application, lodged on more grounds than one, one
1994 CLC 932 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
M. IJAZ KHAN VS SHAHIDA IQBAL QARNI Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 Ss. 2 (f) (g) & 15 (2) (vii)---Personal bona fide need of landlord---Person authorised to receive rent of premises on behalf of landlord, no doubt also fell within purview of definition of term landlord, but ejectment proceedings could not be instituted by such person against
1994 MLD 897 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
SHABBIR AHMED VS DISTRICT JUDGE, SANGHAR 1981 SCMR 899, 1984 SCMR 228, 1984 SCMR 332, 1991 SCMR 1976, PLD 1982 SC 396, Code of Civil Procedure 1908--9 , ----S.2(2)---Civil Procedure Code (V of.1908), S..9---Jurisdiction to determine conflicting claims between two contestants of title---Evacuee property which also included disputed portion was purchased by plaintiffs predecessor in open au
1994 MLD 897 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
SHABBIR AHMED VS DISTRICT JUDGE, SANGHAR 1981 SCMR 899, 1984 SCMR 228, 1984 SCMR 332, 1991 SCMR 1976, PLD 1982 SC 396, Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975 ----S.2(2)---Civil Procedure Code (V of.1908), S..9---Jurisdiction to determine conflicting claims between two contestants of title---Evacuee p
1994 CLC 902 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MASHQOOR AHMED QADRI VS ALIYA BEGUM Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S. 14---Ejectment of tenant after attaining age of 60 years by landlord--Landlord who let out premises before attaining age of 60 years, would be entitled to seek eviction of tenant after attaining age of 60 years even without establishing any bona fides.
1994 MLD 487 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
SAGHIRUDDIN VS MUHAMMAD QASSIM 1988 SCMR 819, 1989 SCMR 538, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(ii)---Default in payment of rent---Tenant had himself admitted that even after receipt of a notice for change of ownership of premises, he had not paid rent of premises to landlord till filing of eviction application by landlord although
1994 MLD 485 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
DAULAT ROSHAN ALI VS SHAHNAZ BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Personal bona fide need of landlord---Case of landlady seeking ejectment of tenant on ground of personal requirement, was that she was residing with her five family members with her father-in-law who had entered into an agreement for sale of house where she
1994 MLD 442 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MUHAMMAD AKHTAR KHAN VS FAHIMUDDIN 1991 CLC 2039, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---.-S.15(2)(vii)---Personal bona fide need of landlord---Landlord seeking ejectment of tenant on ground of personal bona fide need, had claimed that presently he was residing in a rented premises and, as such, had a right to shift to his own house---Landlord f
1994 MLD 418 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MOMIN BAI VS MUHAMMAD ISMAIL 1987 CLC 1134, 1987 CLC 148, 1989 CLC 252, PLD 1986 Kar. 74, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----Ss. 2(f)(j) & 15---Relationship of landlord and tenant---Landlord had purchased premises from its occupant and thereafter lease in respect of that premises was granted by Auth
1994 MLD 418 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
MOMIN BAI VS MUHAMMAD ISMAIL 1987 CLC 1134, 1987 CLC 148, 1989 CLC 252, PLD 1986 Kar. 74, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----Ss. 2(f)(j) & 15---Relationship of landlord and tenant---Landlord had purchased premises from its occupant and thereafter lease in respect of that premises was granted by Auth
1994 MLD 84 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
ANWAR-UL-HAQ VS JAMEELA BEGUM Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S.17(2)(vi)---eviction of tenant on ground of reconstruction of premises--Landlord had not obtained necessary sanction for construction of a new building on site of the premises from Authority concerned before filing application for ejectment of tenant---Demolition of a build
1994 CLC 578 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
SHABBIR VS ABDUL HANNAN Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979 Ss.10 & 15(2)(ii)---Default in payment of rent---Landlords had alleged that tenant was a persistent defaulter in payment of rent of premises and had failed to pay rent for the last 85 months---Tenant denying default had contended that landlords had never issued any receipt from the very
1994 CLC 578 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
SHABBIR VS ABDUL HANNAN Sindh Rented Premises Ordinance 1979--15 , Ss.10 & 15(2)(ii)---Default in payment of rent---Landlords had alleged that tenant was a persistent defaulter in payment of rent of premises and had failed to pay rent for the last 85 months---Tenant denying default had contended that landlords had never issued any receipt from the very beginning of tenancy--Rent Controller
1994 CLC 119 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
WALI MUHAMMAD SHAH VS CHIEF ADMINISTRATOR, AUQAF, SINDH West Pakistan Waqf Properties Ordinance 1961--6-B , Ss. 6-A & 6-B---Jurisdiction of Civil Court---eviction of persons wrongfully in possession of Waqf properties---No order on record of Auqaf Department, showing that plaintiff had been termed to be an unauthorised occupant or that his tenancy with Auqaf Department had been terminated
1994 CLC 119 KARACHI-HIGH-COURT-SINDH
Sindh · 1994
WALI MUHAMMAD SHAH VS CHIEF ADMINISTRATOR, AUQAF, SINDH West Pakistan Waqf Properties Ordinance 1961--6-A , West Pakistan Waqf Properties Ordinance 1961 Ss. 6-A & 6-B---Jurisdiction of Civil Court---eviction of persons wrongfully in possession of Waqf properties---No order on record of Auqaf Department, showing that plaintiff had been termed to be an unauthorised occupant or that his tenan
1993 SCMR 1559 SUPREME-COURT
Supreme Court · 1993
MUHAMMAD IQBAL VS SAEEDA BANO Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Ejectment sought on bona fide need of landlady's son---Landlady's son not appearing as a witness to prove his bona fides---Effect---Bona fides of landlady's son could be established by examining attorney of landlady-Nonappearance of son would not be fatal to landlady's
1993 SCMR 200 SUPREME-COURT
Supreme Court · 1993
M. K. MUHAMMAD VS MUHAMMAD ABU BAKAR Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , Transfer of Property Act 1882--105 , ----Ss.15 & 21---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Transfer of Property Act (IV of 1882), S.105----Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether agreement o
1993 SCMR 200 SUPREME-COURT
Supreme Court · 1993
M. K. MUHAMMAD VS MUHAMMAD ABU BAKAR Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , Transfer of Property Act 1882--105 , ----Ss.15 & 21---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Transfer of Property Act (IV of 1882), S.105----Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether agreement o
1993 SCMR 200 SUPREME-COURT
Supreme Court · 1993
M. K. MUHAMMAD VS MUHAMMAD ABU BAKAR Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , Transfer of Property Act 1882--105 , ----Ss.15 & 21---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Transfer of Property Act (IV of 1882), S.105----Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether agreement o
1993 SCMR 200 SUPREME-COURT
Supreme Court · 1993
M. K. MUHAMMAD VS MUHAMMAD ABU BAKAR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 21---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Transfer of Property Act (IV of 1882), S.105----Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether agreement of tenancy containing admission with r
1993 SCMR 141 SUPREME-COURT
Supreme Court · 1993
MUHAMMAD YOUNIS VS MUQADAM SULTAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Constitution of Pakistan (1973), Art.185(3)---Imposition of compensatory costs---eviction of tenant---Order of eviction against tenant (petitioner) was maintained. up to Supreme Court---Landlady having died during execution proceedings t
1993 PLD 471 SUPREME-COURT
Supreme Court · 1993
GHULAM FATIMA VS MUHAMMAD YAQOOB KHAN Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--23 , Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , ---- OXXI, R. 23 --- Constitution of Pakistan (1973), Arts.185(3) & 199--Execution of decree for eviction --- Objection to --- Validity --- Petitioner on basis of a conveyance of the year 1958 for Rs
1993 PLD 471 SUPREME-COURT
Supreme Court · 1993
GHULAM FATIMA VS MUHAMMAD YAQOOB KHAN Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--23 , Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , ---- OXXI, R. 23 --- Constitution of Pakistan (1973), Arts.185(3) & 199--Execution of decree for eviction --- Objection to --- Validity --- Petitioner on basis of a conveyance of the year 1958 for Rs
1993 PLD 129 LAHORE-HIGH-COURT-LAHORE
Punjab · 1993
SOOKHI VS THE PUNJAB PROVINCE Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , ---- Sched., para. 24 --- Settlement Scheme No.1, para. 36 --- Settlement Scheme No.VIII, paras. 2 & 3-A --- Notice to defaulting transferees for payment of balance price before issuing process of. cancellation of transferred property, a prerequisite --- Para. 36 of Settlement Scheme No.1 and p
1993 MLD 2512 LAHORE-HIGH-COURT-LAHORE
Punjab · 1993
ABDUL QADEER VS NASEEM AKHTAR West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----Ss.13(3)(a)(ii) & 15---Personal bona fide need of landlady---Landlady seeking eviction of tenant had contended that she required shop in dispute for use of her grown-up son and that she had thirteen children and income from her husband's shop was not enough to feed her large family---Evidence on rec
1993 MLD 2512 LAHORE-HIGH-COURT-LAHORE
Punjab · 1993
ABDUL QADEER VS NASEEM AKHTAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss.13(3)(a)(ii) & 15---Personal bona fide need of landlady---Landlady seeking eviction of tenant had contended that she required shop in dispute for use of her grown-up son and that she had thirteen children and income from her husband's shop was n
1993 CLC 655 LAHORE-HIGH-COURT-LAHORE
Punjab · 1993
MUHAMMAD TUFAIL VS VIRAN BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(6)---Tentative rent order---Rent Controller should act with prudence and make a rational and fair order---Essentials for determination of pre-trial rent---Tenant's right to challenge at the final stage, after his defence as defaulter was struck o
1993 MLD 707 LAHORE-HIGH-COURT-LAHORE
Punjab · 1993
MUHAMMAD RIAZ CHUGHTAI VS IRSHAD BEGUM PLD 1984 SC 17, PLD 1985 SC 1, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss.2(c)(i) & 13---Relationship of landlord and tenant---Denial of---Effect--Tenant denied existence of relationship of landlord and tenant between par
1993 MLD 707 LAHORE-HIGH-COURT-LAHORE
Punjab · 1993
MUHAMMAD RIAZ CHUGHTAI VS IRSHAD BEGUM PLD 1984 SC 17, PLD 1985 SC 1, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss.2(c)(i) & 13---Relationship of landlord and tenant---Denial of---Effect--Tenant denied existence of relationship of landlord and tenant between par
1993 MLD 321 LAHORE-HIGH-COURT-LAHORE
Punjab · 1993
SABIR ALI VS ZUBAIDA BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(3)(a)(ii)---Personal need of landlord for non-residential building--Landlady was not legally debarred from seeking eviction of a tenant from non residential building for doing business---Landlady could run her business through a servant or otherwi
1993 MLD 258 LAHORE-HIGH-COURT-LAHORE
Punjab · 1993
ANNAT BIBI VS DISTRICT JUDGE,,VEHARI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Proof---Statutory notice whether essential after repeal of Evacuee Laws---Evacuee plot in question,
1993 MLD 258 LAHORE-HIGH-COURT-LAHORE
Punjab · 1993
ANNAT BIBI VS DISTRICT JUDGE,,VEHARI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Proof---Statutory notice whether essential after repeal of Evacuee Laws---Evacuee plot in question,
1993 CLC 277 LAHORE-HIGH-COURT-LAHORE
Punjab · 1993
GULZAR AHMAD VS ADDITIONAL DISTRICT JUDGE, JHANG West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Ejectment---Tenant denying title of landlord and making attornment to holder of paramount title---Effect---Tenant having been inducted into possession of premises in question, by landlord, after constructing the same coul
1993 PLD 496 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
SARA BAI VS GODHRA MUSLIM Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii) --- Personal bona ride need of landlord --- One of the co-sharers in. premises could seek eviction of tenant on ground of personal bona tide requirement, even if premises was not required by all other cosharers. ---- S. 15(2)(vii) --- Personal bona fide need --- Evidence on record had fully proved that famil
1993 CLC 2511 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
KHURSHEED ALI JAFFERY VS JAMILUDDIN SIDDIQUI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Bona fide requirement of premises by landlord owner for personal use or for use of his children---Essentials---Landlord/owner was required to state in his application, only the material facts, i.e., facts which constituted cause of action alongwith those
1993 CLC 2245 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
MUHAMMAD YAQUB VS ESSAJEE EBRAHIMJEE AND CO Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2) (iii) (a)---Subletting---Tenant had himself admitted in his written statement that a part of premises in dispute was sublet by his son with his consent, but not with consent of landlord---Mere handing over possession of premises or even part thereof to anoth
1993 CLC 1951 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
ABDUL LATIF VS AKHTAR ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2) (vii)---Personal bona tide need of landlord---Premises in dispute which were needed by landlord for commercial purposes were two shops and one of said shops was being used by tenant for his residential purpose with tacit approval of landlords---Tenant had contended that landl
1993 CLC 1807 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
NASIR ALI VS MUHAMMAD HALEEM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(vii)---Personal bona fide need of landlord---In order to deprive tenant of his valuable right of tenancy under Cl. (vii) of S.15(2) of Ordinance, his eviction could only be ordered in cases when landlord had strictly proved by clear and unambiguous evidence that premises we
1993 CLC 1602 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
MUMTAZ AHMED VS RAZIA ZAHEER Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15 (2) (ii)----'transfer of Property Act (IV of 1882), S. 8---Defaylt in payment of rent---Original landlord who had filed ejectment application against tenant on ground of default died during pendency of application and his daughter applied to be joined as party on basis of
1993 CLC 1602 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
MUMTAZ AHMED VS RAZIA ZAHEER Transfer of Property Act 1882--8 , ----S. 15 (2) (ii)----'transfer of Property Act (IV of 1882), S. 8---Defaylt in payment of rent---Original landlord who had filed ejectment application against tenant on ground of default died during pendency of application and his daughter applied to be joined as party on basis of acquisition of exclusive ownership rights und
1993 CLC 1346 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
FAROOQ HASSAN VS RIZWANA SYED Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 S16 (1) (2)---Striking off defence of tenant---Tenant who had failed to deposit arrears of rent and future rent in compliance with tentative rent order of-Rent Controller, even after order of eviction was passed against him, had not filed objections to application filed by landlord
1993 MLD 2231 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
MAIMUNA BAI (MRS.) VS NOORUDDIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Personal bona fide need of landlord---Evidence brought on record had fully established that family of landlord seeking eviction of tenant on ground of personal need, consisted of his four grown-up sons, two unmarried daughters and his wife---Two of the sons wer
1993 CLC 1080 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
ABDUL MAJID KARIM VS ORIENT PAKISTAN LTD. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Personal bona fide requirement of landlord---Essentials---Landlord, :on basis of a statement simpliciter without justifying the requirement for personal bona fide need was not entitled to eviction order against his tenant--Landlord was required to refer to the c
1993 MLD 1823 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
AZEEM BAIG VS ABDUL ANIS Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Personal bona fide need of landlord---Landlord had sought eviction of tenant from premises in dispute on ground that premises was required for his son to start his business therein---Neither it was case of tenant nor it could be proved during cross-examination of land
1993 CLC 1076 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
FAZAL HUSSAIN VS MAHMOOD HUSSAIN Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21---Appeal---Limitation---Ex' parte order of eviction was totally illegal order and came to the knowledge of the tenant only when execution was issued and attempt was made to implement such order---As per averments of tenant, which remained uncontroverted on record, he came
1993 MLD 1745 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
MUHAMMAD IQBAL VS MANAGER (AUQAF) EAST Constitution of Pakistan 1973--199 , Sindh Waqf Properties Ordinance 1979--10 , Sindh Waqf Properties Ordinance 1979--9 , ----Ss. 8, 9 & 10---Constitution of Pakistan (1973), Art.199---Principles of natural justice---Violation of---Shop in possession of petitioner as tenant under Authority, was put to auction on allegation of sub-letting and after the
1993 MLD 1745 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
MUHAMMAD IQBAL VS MANAGER (AUQAF) EAST Constitution of Pakistan 1973--199 , Sindh Waqf Properties Ordinance 1979--10 , Sindh Waqf Properties Ordinance 1979--9 , ----Ss. 8, 9 & 10---Constitution of Pakistan (1973), Art.199---Principles of natural justice---Violation of---Shop in possession of petitioner as tenant under Authority, was put to auction on allegation of sub-letting and after the
1993 MLD 1745 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
MUHAMMAD IQBAL VS MANAGER (AUQAF) EAST Sindh Waqf Properties Ordinance 1979--8 , Sindh Waqf Properties Ordinance 1979 ----Ss. 8, 9 & 10---Constitution of Pakistan (1973), Art.199---Principles of natural justice---Violation of---Shop in possession of petitioner as tenant under Authority, was put to auction on allegation of sub-letting and after the auction same was handed over to auction-pu
1993 MLD 1530 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
AMIN AKHTAR JAMI VS JAHANGIR ALAM Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S.14---Ejectment on ground of retirement of landlord---Landlord would become disqualified to seek eviction from "the building" or "the portion", if he had let out the same building or the same portion thereof, subsequent to his becoming entitled to evict tenant under enabli
1993 MLD 1447 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
ABDUL AZIZ VS YAHYA Sindh Rented Premises Ordinance 1979--18 , ----Ss.15 & 18---Change of ownership of premises---Effect---Original owner filed application against tenant on ground of default in payment of rent--- During pendency of case original owner sold premises in dispute to present landlords who were his son and daughters---Tenant contended that he could not be evicted in respect of
1993 MLD 1447 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
ABDUL AZIZ VS YAHYA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 18---Change of ownership of premises---Effect---Original owner filed application against tenant on ground of default in payment of rent--- During pendency of case original owner sold premises in dispute to present landlords who were his son and daughters---Tenant contended that h
1993 MLD 1441 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
BOOTI (MST.) VS ASHIQ ALI Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----S.2(j)---"Tenant"---Heirs of tenant---Right to become statutory tenants--Requirement ---Non-joinder of those heirs of tenant who were not in occupation of premises---Effect---Only those legal heirs, who were actually in possession or occupation of the premises after the death of the
1993 MLD 1424 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
AZIZUDDIN VS MUHAMMAD ANWAR Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----S.2(f)6)---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Since repeal of Evacuee Laws all protections against eviction available to occupants under S.30 of Act, 1958, had ceased to exist and could no more be
1993 MLD 1424 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
AZIZUDDIN VS MUHAMMAD ANWAR Displaced Persons (Land Settlement) Act 1958--30 , ----S.2(f)6)---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Since repeal of Evacuee Laws all protections against eviction available to occupants under S.30 of Act, 1958, had ceased to exist and could no more be pressed---Relationship of pa
1993 MLD 477 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
RAZIA SULTANA VS WATER AND POWER DEVELOPMENT AUTHORITY Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15(2)(vii)---Personal bona fide need of landlord---Before seeking eviction of a tenant on ground of personal requirement for self or for members of his family, landlord has to establish his requirement to be bona fide---Mere ipse dixit of landlord th
1993 MLD 404 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
RAEESA BEGUNI VS ALI ZAFAR NAQVI Sindh Rented Premises Ordinance 1979--15 , ----Ss. 14 & 15---Bona fides and good faith---Establishment---It was only in case where landlord had sought eviction of tenant under S.15 of Ordinance 1979 that bona fides or good faith were required to be established by landlord in order to succeed in evicting his tenant from premises in dispute---Law had not plac
1993 MLD 391 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
SHAUKAT FAIZI VS NIGHAT BASHIR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(vii)---Earlier case filed by mother of landlady on ground of personal need was finally dismissed-- Later on mother gifted away premises in dispute to daughter who filed fresh case against tenant on ground of personal need--Evidence led by daughter was also led by her in
1993 CLC 662 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
MUHAMMAD SHAHEEN VS MISS SULTAN JEHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Personal bona fide need of landlord---Affidavits-in-evidence respectively of landlady and tenant and his witness, being on the file, landlady was cross-examined while tenant and his witness having been absent consecutively on four dates of hearing for cross-exam
1993 CLC 543 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
HUSSAIN ZAIDI VS ZAHEER UMER Sindh Rented Premises Ordinance 1979--22 , Sindh Rented Premises Ordinance 1979 S. 22---eviction in terms of compromise---Execution---Once an order of eviction had been passed and varied subsequently on compromise, same would remain order of eviction irrespective of its later modification and could be enforced in its varied version---Where relevant, agreed term
1993 CLC 528 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
Z. SHIRAZEE VS ABDUL QADIR Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----Ss. 2(i) & 15---"Rent"---Definition and scope---eviction of tenant was sought by landlord on ground of non-payment of water, conservancy and betterment taxes by tenant---Tenancy agreement arrived at between parties did not provide that tenant would be liable to pay water and conser
1993 CLC 528 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
Z. SHIRAZEE VS ABDUL QADIR Sindh Rented Premises Ordinance 1979--15 , ----Ss. 2(i) & 15---"Rent"---Definition and scope---eviction of tenant was sought by landlord on ground of non-payment of water, conservancy and betterment taxes by tenant---Tenancy agreement arrived at between parties did not provide that tenant would be liable to pay water and conservancy charges and betterment tax---T
1993 CLC 505 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
CHUNG YING HSIUNG VS SEEMA SAEED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2) (vii)---Personal bona fide need of landlord---Once it was' established that premises in question was required by landlord in good faith, Rent Controller was left with no other option but to order eviction of the tenant---Landlord was not obliged to make out a case of-a
1993 CLC 481 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
AMIR HYDER ABIDI VS MUHAMMAD IQBAL Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15(2)(vii) & 2(h)---Personal bona fide need of landlord---No distinction having been made by Ordinance, 1979 between residential and non-residential premises, a landlord could maintain eviction application in respect of residential premises required by him in good fait
1993 CLC 412 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
RAHMAT KHAN VS ABDUL RAZZAQUE Sindh Rented Premises Ordinance 1979--10 , Ss. 15 (2) (ii) & 10---Default in payment of rent---Evidence on record had established that tenant offered disputed rent to landlord, but landlord refused to receive same and demanded enhancement of rent---Tenant, after such refusal tendered rent through money orders, which were also refused and it was thereafter the
1993 CLC 175 KARACHI-HIGH-COURT-SINDH
Sindh · 1993
AMJAD KHAN VS MARIAM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15(2)(vii)---Personal bona fide need of landlord---Jurisdiction of Rent Controller to order eviction of tenant on ground of personal requirement in good faith, was dependent on his satisfaction that claim of landlord was bona fide and that such requirement was in good faith---Demand
1993 PTD 1415 DELHI-HIGH-COURT-INDIABookmark this Case
1993
COMMISSIONER OF INCOME-TAX VS MODI INDUSTRIES LTD. (NOA) Income Tax--TERM , ----House property---Annual value---Property which is let out---Covered by Rent Control-Law ---Agreed rent being fair rent under Rent Control Law---To be taken as annual value---Indian Income Tax Act, 1961, S.23---U.P. (Temporary) Control of Rent and eviction Act, 1947.
1993 PTD 1415 DELHI-HIGH-COURT-INDIABookmark this Case
1993
COMMISSIONER OF INCOME-TAX VS MODI INDUSTRIES LTD. (NOA) Income Tax--TERM , ----House property---Annual value---Property which is let out---Covered by Rent Control-Law ---Agreed rent being fair rent under Rent Control Law---To be taken as annual value---Indian Income Tax Act, 1961, S.23---U.P. (Temporary) Control of Rent and eviction Act, 1947.
1992 SCMR 1170 SUPREME-COURT
Supreme Court · 1992
GHULAM SAMDANI VS ABDUL HAMEED Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Default---Landlord and tenant, relationship of---Appellant was successor-in-interest of a lady, who besides the decree of exclusive ownership in her favour, was also the daughter and heir of the original owner/landlord and was by operation of law one of-the landlords
1992 SCMR 1158 SUPREME-COURT
Supreme Court · 1992
M.S. BAROBA VS MANZOOR AHMAD Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S.14---Bona fide personal need of landlord---Determination of---Extent--Landlord, under provision of S.14, Sindh Rented Premises Ordinance, 1979, was relieved from the rigours of elaborate inquiry as to the good faith or hiss plea for requirement of the premises for personal use
1992 SCMR 833 SUPREME-COURT
Supreme Court · 1992
MUHAMMAD SABIR VS MUSHARRAF ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant-- Rent Controller being not satisfied either with the bona fides or with the personal need of landlord, refused to order ejectment of tenant---High Court in appeal, reversed the finding of Rent Controlle
1992 SCMR 833 SUPREME-COURT
Supreme Court · 1992
MUHAMMAD SABIR VS MUSHARRAF ALI Constitution of Pakistan 1973--185 , ----S.15---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant-- Rent Controller being not satisfied either with the bona fides or with the personal need of landlord, refused to order ejectment of tenant---High Court in appeal, reversed the finding of Rent Controller by upholding personal need of landlord an
1992 PLD 85 SUPREME-COURT
Supreme Court · 1992
ABDUL SAJOOD VS ADDL. SETTLEMENT COMMISSIONER LAHORE DIV. LAHORE. Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958--34 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Pakistan (Administration of Evacuee Property) Act 1957--22 , S. 22---Displaced Persons (Compensation and Rehabilitation) Act
1992 PLD 85 SUPREME-COURT
Supreme Court · 1992
ABDUL SAJOOD VS ADDL. SETTLEMENT COMMISSIONER LAHORE DIV. LAHORE. Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958--34 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Pakistan (Administration of Evacuee Property) Act 1957--22 , S. 22---Displaced Persons (Compensation and Rehabilitation) Act
1992 PLD 85 SUPREME-COURT
Supreme Court · 1992
ABDUL SAJOOD VS ADDL. SETTLEMENT COMMISSIONER LAHORE DIV. LAHORE. Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958--34 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Pakistan (Administration of Evacuee Property) Act 1957--22 , S. 22---Displaced Persons (Compensation and Rehabilitation) Act
1992 SCMR 1959 SUPREME-COURT
Supreme Court · 1992
UNITED BAKERY VS HASSAN SIDDIQUI PLD 1982 SC 465, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Ejectment of tenant was sought on ground of default---Landlord failed to appear for cross-examination and his side was closed by Rent Controller---Tenant in his affidavit explained that landlord had refused rent and money orders and rent was deposite
1992 SCMR 1959 SUPREME-COURT
Supreme Court · 1992
UNITED BAKERY VS HASSAN SIDDIQUI Constitution of Pakistan 1973--185 , ----S.15---Constitution of Pakistan (1973), Art.185(3)---eviction was granted by Rent Controller on the ground of default and the High Court after remarking in the impugned judgment that it was a peculiar case in which on failure of landlord to lead evidence, evidence of tenant was appreciated and default was held to be
1992 PLC 353 LABOUR-APPELLATE-TRIBUNAL-SINDH
Sindh · 1992
MUHAMMAD YOUSUF JAT VS GENERAL MANAGER (COORDINATION/ADMN./PR), SHAH MURAD SUGAR MILLS West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968--S.O. 16 , West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 ----S.O. 16---eviction of employee from residential accommodation--Provisions of S.d.16 of Ordinance would come into operation
1992 PLD 448 LAHORE-HIGH-COURT-LAHORE
Punjab · 1992
MUHAMMAD AFZAL VS MUNCIPAL CORPN. West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13 --- Ejectment of tenants on ground of reconstruction of premises in question --- Landlords had got sanctioned map for reconstruction of premises -- Such right had been guaranteed by provision of S.13, West Pakistan Urban Rent Restriction Ordinance, 1959, which in turn had also secured interest
1992 PCRLJ 1194 LAHORE-HIGH-COURT-LAHORE
Punjab · 1992
THE STATE VS MUHAMMAD ASLAM Criminal Procedure Code (Cr.P.C) 1898--417 , ---S. 448---Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal---Appreciation of evidence---Accused alongwith Bailiff of Court trespassed into the house of complainant allegedly in pursuance of a warrant of eviction of lower portion of the house of which upper portion was occupied by complainant---J
1992 PCRLJ 1194 LAHORE-HIGH-COURT-LAHORE
Punjab · 1992
THE STATE VS MUHAMMAD ASLAM Pakistan Penal Code 1860--448 , Pakistan Penal Code ---S. 448---Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal---Appreciation of evidence---Accused alongwith Bailiff of Court trespassed into the house of complainant allegedly in pursuance of a warrant of eviction of lower portion of the house of which upper portion was occupied by complain
1992 MLD 1218 LAHORE-HIGH-COURT-LAHORE
Punjab · 1992
KARAM ALI VS THE STATE Constitution of Pakistan 1973--199 , ----S.13---Constitution of Pakistan (1973), Art.199---Constitutional petition--Alternate remedy available---Effect---Petitioner tenant was given several opportunities to produce evidence after framing of the issues but he failed to do so and his. evidence was closed and case was fixed for arguments---Held; application for ejectmen
1992 MLD 1218 LAHORE-HIGH-COURT-LAHORE
Punjab · 1992
KARAM ALI VS THE STATE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Constitution of Pakistan (1973), Art.199---Constitutional petition--Alternate remedy available---Effect---Petitioner tenant was given several opportunities to produce evidence after framing of the issues but he failed to do so and his. evidence was
1992 MLD 860 LAHORE-HIGH-COURT-LAHORE
Punjab · 1992
STATE BANK OF PAKISTAN THROUGH DEPUTY DIRECTOR VS MUHAMMAD SALEEM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Relationship of landlord and tenant---Respondent although denying to be tenant of property in question, yet in the face of evidence produced by petitioner landlord in the shape of rent deed, the respondent
1992 MLD 115 LAHORE-HIGH-COURT-LAHORE
Punjab · 1992
CH. MAZHAR ALI VS DEPUTY COMMISSIONER, ISLAMABAD West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act 1956--3 , West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act 1956 ----S.3(1), 4th proviso---Constitution of Pakistan (1973), Act. 199--Requisitioning of house---Notice---Person in physical possession of house sought to be requisitioned, was entit
1992 CLC 192 LAHORE-HIGH-COURT-LAHORE
Punjab · 1992
SINGER PAKISTAN LIMITED VS AIN-UL-HAQ Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17---eviction of tenant sought on ground of reconstruction of demised premises---Owner had every right to improve his property to augment its value and utility---Relevant Laws were not intended to arrest improvement of properties and the right of owner to better such p
1992 CLC 2504 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
AHMAD VS KHAIR MUHAMMAD. Sindh Rented Premises Ordinance 1979--PREAMBLE , Sindh Rented Premises Ordinance 1979 Preamble--Pugree" not recognized in Sindh Rented Premises Ordinance, 1979---Effect---"Pugree" having not been recognized in Sindh Rented Premises Ordinance, 1979, question of its applicability in case instituted under the Ordinance would no arise---Plea that "Pugree" being a reali
1992 CLC 2307 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
MUHAMMAD KHALID VS FAKHRUDDIN Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 S.2 (f) (g) --- Landlord whenever statute had conferred a right on a landlord to seek eviction on ground of "personal use", word "landlord" was used in its elementary or basic sense of owner of property alone as distinguished from "landlords" in extended version of those "auhorised"
1992 CLC 2293 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
ZAWAR HUSSAIN VS SHAMSUNNISA Sindh Rented Premises Ordinance 1979--15 , Ss. 2 & 15 --- Relationship of landlord and tenant --- Where the very title of person seeking eviction under Rent Laws was challenged by occupant of property in dispute, such person would have to establish his position as a landlord beyond any reasonable doubt.
1992 CLC 2114 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
QURAISHUL MUJTABA QARNI VS S. USMAN ALI KAZMI Limitation Act 1908--SCHI, 139 , Limitation Act 1908 ---- S.2(f)(j) --- Limitation Act (IX of 1908), Art. 139 --- Relationship of landlord and tenant---Adverse possession --- Proof of --- Tenant denied relationship of landlord and tenant contending that he had remained in undisturbed and peaceful possession of premises in litigation for more th
1992 CLC 1762 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
SHAMSHER ALI VS AHMAD DIN Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 S. 16 (1)---Rent Controller's power to determine arrears of rent and order to deposit the same within time to be determined by him---eviction of tenant on ground other than default in payment of rent---Order to deposit arrears of rent whether valid---Provisions contained in S.16 (1), S
1992 CLC 1753 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
ISLAM AKBAR VS MUSTAFA HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2) (vii)---Personal bona fide need of landlord-Landlord seeking ejectment of tenant from shop in dispute on ground of personal bona fide need, admittedly got possession of another shop which was vacated by other tenant and shop so vacated was rented out by him to another pe
1992 CLC 1634 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
WAQF MUHAMMAD MEHR ELAHI VS ABDUL GHANI HAJI SULEMAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Default in payment of rent---Proof---Rent for month of July 1981 was tendered through cheque on 26-10-1981, which showed that default had been committed by tenant---Nothing was available on record to show that for subsequent months of October, Novembe
1992 CLC 1304 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
ANIS AHMAD VS HABIB BANK LIMITED, KARACHI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Residential unit rented out as a non-residential unit---Use of ground floor of a residential building for commercial purposes would not change its character---Change in the use of a residential unit to a nonresidential unit, with or without consent of landlord w
1992 CLC 1122 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
IMTIAZ HUSSAIN VS GOVERNMENT OF PAKISTAN West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966--5 , West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966 S. 5---Allottee of Government building or land---Status of allottee--eviction of unauthorised occupant ---Allottee of a building or land belonging to Government would not becom
1992 MLD 2419 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
KHALILUR REHMAN VS MUHAMMAD YASIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15(2)(iii)(a) & 22---Execution of ejectment order against unauthorised sub-tenant---Order of eviction, could be executed against sub-tenant inducted unauthorisedly by original tenant without permission of landlord and order passed by Rent Controller against unauthorised
1992 MLD 2419 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
KHALILUR REHMAN VS MUHAMMAD YASIN Sindh Rented Premises Ordinance 1979--22 , ----Ss.15(2)(iii)(a) & 22---Execution of ejectment order against unauthorised sub-tenant---Order of eviction, could be executed against sub-tenant inducted unauthorisedly by original tenant without permission of landlord and order passed by Rent Controller against unauthorised sub-tenant and original tenant on gro
1992 MLD 2011 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
KHUDA BAKASH VS MUHAMMAD YASIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Sindh Rented Premises Ordinance 1979--15 , ----Ss. 2(b)(j) & 15---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Protection to tenant---Occupant of premises, which had since been transferred by Settlement Authorities was n
1992 MLD 2011 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
KHUDA BAKASH VS MUHAMMAD YASIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Sindh Rented Premises Ordinance 1979--15 , ----Ss. 2(b)(j) & 15---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Protection to tenant---Occupant of premises, which had since been transferred by Settlement Authorities was n
1992 MLD 1737 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
SANJEEDA BEGUM VS MUHAMMAD AFSAR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Personal bona fide need of landlord---Landlord had sought eviction of tenant from shop in dispute on ground that same was required by his son to start business therein---Neither nature of business proposed to be started in shop nor name of son for whose benefi
1992 MLD 1690 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
ZAREEN VS MUHAMMAD NAWAB Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vi)---Requirement of premises for purpose of reconstruction--Essentials ---Mere requirement of premises for purpose of reconstruction was sufficient to seek eviction of tenant---Words "reasonable" or "good faith" should not be read in S.15(2)(vi) which had been omitted delib
1992 MLD 1391 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
MUHAMMAD YOUSUF VS GL:ULAM RASOOL Sindh Rented Premises Ordinance 1979--2 , ----Ss.15 & 2(7)---Person seeking eviction of a tenant has first to establish that he is landlord in respect of premises in question---Person neither owner of land nor of structure raised thereon has no locus standi to file ejectment proceedings despite the fact that he may have been paid rent or deposited the same
1992 MLD 1391 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
MUHAMMAD YOUSUF VS GL:ULAM RASOOL Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 2(7)---Person seeking eviction of a tenant has first to establish that he is landlord in respect of premises in question---Person neither owner of land nor of structure raised thereon has no locus standi to file ejectment proceedings despite the fact that he may hav
1992 MLD 1361 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
ABDUL HAMEED VS ABDUL AZIZ Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---eviction for default in payment of rent---Tenant establishing that he had been paying rent for disputed period in office of Rent Controller although in the name of the previous owner---Default if any, in circumstances, was of technical nature for which the tenant could not
1992 MLD 1109 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
GHULAM DASTAGIR VS JUMMA Sindh Rented Premises Ordinance 1979--PREAMBLE , Sindh Rented Premises Ordinance 1979 ----Preamble---Ordinance a piece of social legislation aiming at easing problem of accommodation protecting tenants from eviction inspired by profit hunting motives and providing certain safeguards for tenants and saving them from great expense, inconvenience and trouble---Ordinan
1992 MLD 1102 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
MUHAMMAD AQIL VS NAWAB AHMED Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S. 14---Requirement of premises for personal use on retirement of landlord from service---Landlord's entitlement---Landlord would not be entitled to claim benefit of S.14(1) i.e., ejectment of tenant on retirement, where he was in occupation of a building owned by him in any loc
1992 MLD 1003 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
ZAFFAR IQBAL & CO. VS NOOR JEHAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S.14---Landlord through National Identity Card and Passport had fully established that at the time of filing of eviction application against tenant he had attained age of 60 years---Landlord on basis of those two documents rightly contended that he was entitled to an order o
1992 MLD 910 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
HAZRAT SHAH VS MUHAMMAD HANIF Sindh Rented Premises Ordinance 1979--2 , ----Ss.2(a) & 14---Lanldord claiming to be 61 years of age, had sought eviction of tenant from premises in dispute on ground of his personal use to run a hospital on commercial and charitable basis ---Landlord admittedly was in possession of entire first floor of building where disputed premises were situated and six s
1992 MLD 400 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
NIAZSONS VS S.M. YOUNUS Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15(2)(iii)(a) & 16(1)(2)---Tentative rent order---Exercise in terms of subsection (1) of S.16 of Ordinance, 1979 was to be made in every case of eviction filed by landlord irrespective of grounds taken therefor---Contention of tenant that application for ejectment having been fil
1992 CLC 723 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
ARSHAD BUTT VS MANZOOR AHMAD Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S.14---eviction of tenant on ground of retirement of landlord---Case under S.14 of Ordinance was filed by landlord after a little less than three years from his retirement from service---Although no period was prescribed for moving such application against tenant, but inordinate del
1992 CLC 492 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
M.S. ENGINEERING CO. VS MUHAMMAD MUSHTAQ Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15, 19 & 21---Ex parte eviction order---Maintainability---Ex parte eviction order passed by Rent Controller against tenants on their nonappearance had been challenged by tenants alleging that landlords had manipulated service by fraudulent means and that they had
1992 CLC 492 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
M.S. ENGINEERING CO. VS MUHAMMAD MUSHTAQ Limitation Act 1908--5 , S. 21---Limitation Act (IX of 1908). S.5---Ex parte eviction ---Appeal--Limitation---Impugned order was passed on 26-3-1989 and the appeal was filed on 2-8-1989---Provision of S. 5 of Limitation Act being not applicable, appeal was dismissed being patently barred by time.
1992 CLC 492 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
M.S. ENGINEERING CO. VS MUHAMMAD MUSHTAQ Sindh Rented Premises Ordinance 1979--19 , ----Ss. 15, 19 & 21---Ex parte eviction order---Maintainability---Ex parte eviction order passed by Rent Controller against tenants on their nonappearance had been challenged by tenants alleging that landlords had manipulated service by fraudulent means and that they had in fact never been served---Rent Con
1992 CLC 492 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
M.S. ENGINEERING CO. VS MUHAMMAD MUSHTAQ Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ----S. 21---Limitation Act (IX of 1908). S.5---Ex parte eviction ---Appeal--Limitation---Impugned order was passed on 26-3-1989 and the appeal was filed on 2-8-1989---Provision of S. 5 of Limitation Act being not applicable, appeal was dismissed being patently barred by
1992 CLC 471 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
ABDUL HAFEEZ VS ZUBEDA KHATOON Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 S. 16(1)---Tentative rent order---Tentative rent order requiring tenant to deposit rent of premises beyond period of 3 years prior to filing of eviction petition by landlord was bad.
1992 CLC 366 KARACHI-HIGH-COURT-SINDH
Sindh · 1992
IKRAM-UD-DIN BULKI VS ISHRAT WARSI Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21(2)---Stay order against eviction---Grant of---Grant of stay order, was not an automatic process and the only fact that appeal against order of Rent Controller had been admitted to regular hearing, would not entitle appellant to get stay order especially when he had flout
1992 PTD 161 INCOME-TAX-APPELLATE-TRIBUNAL-PAKISTAN
1992
I.TA. NO. 279/LB OF 1989-90, DECIDED ON 7TH NOVEMBER, 1990 VS I.TA. NO. 279/LB OF 1989-90, DECIDED ON 7TH NOVEMBER, 1990 Income Tax Ordinance 1979--19 , ----S.19---Income from property---Annual value---Determination of---Phrase "property might reasonably be expected to let from year to year"--Connotation---Annual rental value has to be fixed keeping in view the reasonable expectation of a
1991 SCMR 762 SUPREME-COURT
Supreme Court · 1991
NOORUDDIN VS SIRAJUDDIN Constitution of Pakistan 1973--185 , ----Ss. 10(3) & 18---Constitution of Pakistan (1973), Art.185(3)---Landlord purchasing property in question when petitioner was already a tenant under previous landlord---Effect of failure to give notice by new landlord and deposit of rent by tenant under provision of S.10(3), Sindh Rented Premises Ordinance, 1979---Tenant appear
1991 SCMR 762 SUPREME-COURT
Supreme Court · 1991
NOORUDDIN VS SIRAJUDDIN Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 ----Ss. 10(3) & 18---Constitution of Pakistan (1973), Art.185(3)---Landlord purchasing property in question when petitioner was already a tenant under previous landlord---Effect of failure to give notice by new landlord and deposit of rent by te
1991 SCMR 762 SUPREME-COURT
Supreme Court · 1991
NOORUDDIN VS SIRAJUDDIN Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 ----Ss. 10(3) & 18---Constitution of Pakistan (1973), Art.185(3)---Landlord purchasing property in question when petitioner was already a tenant under previous landlord---Effect of failure to give notice by new landlord and deposit of rent by te
1991 SCMR 760 SUPREME-COURT
Supreme Court · 1991
HUSSAIN VS HUSAINI Constitution of Pakistan 1973--185 , ----Ss. 15 & 21(3)---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenants for default in payment of rent---Tenants asserted that full payment of entire rent had been made but could not substantiate it before Rent Controller--Tenants, however, produced documents in High Court to establish plea of denial on question of def
1991 SCMR 760 SUPREME-COURT
Supreme Court · 1991
HUSSAIN VS HUSAINI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ----Ss. 15 & 21(3)---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenants for default in payment of rent---Tenants asserted that full payment of entire rent had been made but could not substantiate it before Rent Controller--Tenants, ho
1991 SCMR 760 SUPREME-COURT
Supreme Court · 1991
HUSSAIN VS HUSAINI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ----Ss. 15 & 21(3)---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenants for default in payment of rent---Tenants asserted that full payment of entire rent had been made but could not substantiate it before Rent Controller--Tenants, ho
1991 SCMR 432 SUPREME-COURT
Supreme Court · 1991
GHULAM MUSTAFA VS MUHAMMADI BEGUM 1989 SCMR 913, Constitution of Pakistan 1973--185 , ----S. 13---Constitution of Pakistan (1973), Art-185(3) ---Ejectment of tenant for reconstruction of property---Rent Controller, in first round of litigation, rejected ejectment application while Appellate Court set aside order of Rent Controller'and allowed landlord's application---High Court in Constit
1991 SCMR 432 SUPREME-COURT
Supreme Court · 1991
GHULAM MUSTAFA VS MUHAMMADI BEGUM 1989 SCMR 913, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973), Art-185(3) ---Ejectment of tenant for reconstruction of property---Rent Controller, in first round of litigation, rejected ejectment application while Appellate Court set aside order of R
1991 SCMR 415 SUPREME-COURT
Supreme Court · 1991
DOST MUHAMMAD VS BABAR MUNIR Constitution of Pakistan 1973--185 , ----S. 17---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Proof---Finding of Courts below that respondent/landlord had personal bona fide need of premises and could for that reason seek eviction of tenant suffered from no infirmity so as to justify interference by Supreme Court---No cas
1991 SCMR 379 SUPREME-COURT
Supreme Court · 1991
ABDUL BAQI VS MITHA KHAN Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders ----O. XXXIX, Rr 1, 2 & S.12(2)---Constitution of Pakistan (1973), Art.185(3)--- Landlord had filed eviction application against petitioner's brother---After ejectment order had
1991 SCMR 379 SUPREME-COURT
Supreme Court · 1991
ABDUL BAQI VS MITHA KHAN Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , ----O. XXXIX, Rr 1, 2 & S.12(2)---Constitution of Pakistan (1973), Art.185(3)--- Landlord had filed eviction application against petitioner's brother---After ejectment order had been passed against petitioner's brother viz. one of the respondents, petitioner filed appli
1991 SCMR 277 SUPREME-COURT
Supreme Court · 1991
SHER AHMED VS MUHAMMAD ABDULLAH Code of Civil Procedure 1908--11 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.42---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Civil Procedure Code (V of 1908), S.11---Petitioner's suit for declaration that he was owner in possession of house in dispute and for injunction to restrain respondents from interfering wi
1991 SCMR 277 SUPREME-COURT
Supreme Court · 1991
SHER AHMED VS MUHAMMAD ABDULLAH Code of Civil Procedure 1908--11 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.42---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Civil Procedure Code (V of 1908), S.11---Petitioner's suit for declaration that he was owner in possession of house in dispute and for injunction to restrain respondents from interfering wi
1991 SCMR 277 SUPREME-COURT
Supreme Court · 1991
SHER AHMED VS MUHAMMAD ABDULLAH Specific Relief Act 1877--42 , Specific Relief Act 1877 ---S.42---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Civil Procedure Code (V of 1908), S.11---Petitioner's suit for declaration that he was owner in possession of house in dispute and for injunction to restrain respondents from interfering with his possession on basis of agreeme
1991 SCMR 145 SUPREME-COURT
Supreme Court · 1991
ZAKARIA SHAHID VS ABUDL AZIZ QURESHI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S.17--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10--Ejectment of tenant--Petitioners were found to be tenants of contesting respondents and having denied relationship of landlord and tenant, eviction order was passed against them on gro
1991 SCMR 145 SUPREME-COURT
Supreme Court · 1991
ZAKARIA SHAHID VS ABUDL AZIZ QURESHI Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , ---S.17--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10--Ejectment of tenant--Petitioners were found to be tenants of contesting respondents and having denied relationship of landlord and tenant, eviction order was passed against them on ground of default
1991 SCMR 84 SUPREME-COURT
Supreme Court · 1991
DOST MUHAMMAD VS MEMBER BOARD OF REVENUE Constitution of Pakistan 1973--185 , ---S. 10---Constitution of Pakistan (1973), Art. 185(3)---Entitlement to transfer of evacuee property---Contesting respondents securing P.T.D. in respect of shops in question in their favour on 15-3-1963---Petitioner applying to notified officer on 29-2-1984. to examine the case on basis of earlier order passed b
1991 SCMR 84 SUPREME-COURT
Supreme Court · 1991
DOST MUHAMMAD VS MEMBER BOARD OF REVENUE Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958 ---S. 10---Constitution of Pakistan (1973), Art. 185(3)---Entitlement to transfer of evacuee property---Contesting respondents securing P.T.D. in respect of shops in question in their favour on 15-3-1963---Petitioner applyi
1991 SCMR 35 SUPREME-COURT
Supreme Court · 1991
MUHAMMAD AKRAM VS SAOOD AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to consider whether High Court was right in holding that the stipulation in tenancy agreement making the order of eviction conditional upon committing of default for thre
1991 SCMR 35 SUPREME-COURT
Supreme Court · 1991
MUHAMMAD AKRAM VS SAOOD AHMAD Constitution of Pakistan 1973--185 , ---S.13--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to consider whether High Court was right in holding that the stipulation in tenancy agreement making the order of eviction conditional upon committing of default for three continuous months was effective in law in the presence of contrary prov
1991 PLD 52 SUPREME-COURT
Supreme Court · 1991
ALLAH DIN VS FAZAL MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 15 ??? Constitution of Pakistan (1973), Art.185(3) ??? Leave to appeal was granted to examine questions of law viz. whether having come to know of the order of ejectment against tenant which became final it was open to another person (alleged to be sublessee) to wait for a period of three years b
1991 PLD 265 SUPREME-COURT
Supreme Court · 1991
MRS. FRENI A.CABINA VS MRS. DHUNMAI PHIROZE DALAL Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 --- Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted to consider the question, whether High Court in second appeal could maintain the order of eviction contrary to the case pleaded by the landlady in her eviction a
1991 PLD 265 SUPREME-COURT
Supreme Court · 1991
MRS. FRENI A.CABINA VS MRS. DHUNMAI PHIROZE DALAL Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 --- Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted to consider the question, whether High Court in second appeal could maintain the order of eviction contrary to the case pleaded by the landlady in her eviction a
1991 PLD 242 SUPREME-COURT
Supreme Court · 1991
IQBA VS RABIA BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13 ??? Transfer of Property Act (IV of 1882), S.53?A???Specific Relief Act (1 of 1877), S.12???Ejectment application ??? Plea of agreement to sell of demised premises. by tenants in their favour ??? Effect ??? Ejectment application could not be stayed or stalled on a plea that tenants in possession were holding
1991 PLD 242 SUPREME-COURT
Supreme Court · 1991
IQBA VS RABIA BIBI Specific Relief Act 1877--12 , S.13 --- Transfer of Property Act (IV of 1882), S.53-A---Specific Relief Act (1 of 1877), S.12---Ejectment application --- Plea of agreement to sell of demised premises. by tenants in their favour --- Effect --- Ejectment application could not be stayed or stalled on a plea that tenants in possession were holding agreement to sell --- Pende
1991 SCMR 2415 SUPREME-COURT
Supreme Court · 1991
A.M. MORAD VS MUHAMMAD AZMATULLAH SIDDIQUE Colonization of Government Lands (Punjab) Act 1912--32 , Colonization of Government Lands (Punjab) Act 1912 ----Ss. 32 & 19---Application of S.32---Section 32 would apply only in respect of squatters and trespassers on the Government land and in such a case Collector was empowered to resume possession of the land and also the crops, trees and buil
1991 SCMR 2337 SUPREME-COURT
Supreme Court · 1991
MUHAMMAD ANWAR VS MUHAMMAD SAEED 1976 SCMR 111, 1976 SCMR 52, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Ejectment of tenant for personal need of landlord---Landlord had a rented shop wherein, he was in business---Such fact would not disentitle landlord to seek eviction of tenant from premises owned by him for
1991 SCMR 2335 SUPREME-COURT
Supreme Court · 1991
ABDUL JABBAR VS MUHAMMAD ASLAM Constitution of Pakistan 1973--185 , ----S. 13(3)(a)(ii)(b)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Ground of personal need---Order of ejectment passed against tenant by Rent Controller was reversed by Appellate Court---High Court in appeal, found that the words "not occupying" used in Cl.(b) of S.13(3)(a)(ii) of Ordinance VI of
1991 SCMR 2335 SUPREME-COURT
Supreme Court · 1991
ABDUL JABBAR VS MUHAMMAD ASLAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(3)(a)(ii)(b)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Ground of personal need---Order of ejectment passed against tenant by Rent Controller was reversed by Appellate Court---High Court in appeal, found that the
1991 SCMR 2039 SUPREME-COURT
Supreme Court · 1991
MUHAMMAD RAFIQ VS ALLAH NOOR 1980 SCMR 506, Constitution of Pakistan 1973--185 , ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of rent---Findings of Courts below on question of default whereby tenant was deemed not to have committed default---Validity---Rent Controller had not given a definite finding whether rent had been paid or tendered by tenant to land
1991 SCMR 2039 SUPREME-COURT
Supreme Court · 1991
MUHAMMAD RAFIQ VS ALLAH NOOR 1980 SCMR 506, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of rent---Findings of Courts below on question of default whereby tenant was deemed not to have committed default---Validity---Rent Controller had not given a
1991 SCMR 1879 SUPREME-COURT
Supreme Court · 1991
ABDUL RAZZAQUE VS BOR MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Constitution of Pakistan (1973), Art.185(3)---Personal bona fide need--Rent Controller on being satisfied with evidence on record, ordered eviction of petitioner/tenant on ground that landlord required premises for use of his son--Finding b
1991 SCMR 1879 SUPREME-COURT
Supreme Court · 1991
ABDUL RAZZAQUE VS BOR MUHAMMAD Constitution of Pakistan 1973--185 , ----S.13---Constitution of Pakistan (1973), Art.185(3)---Personal bona fide need--Rent Controller on being satisfied with evidence on record, ordered eviction of petitioner/tenant on ground that landlord required premises for use of his son--Finding being based on evidence on record, there was no justification in law or on
1991 SCMR 1871 SUPREME-COURT
Supreme Court · 1991
MUHAMAMD YASIN VS ALEEM-UD-DIN Constitution of Pakistan 1973--185 , --S. 13(2)(i)(ii)(a) & (3)(i)(ii)---Constitution of Pakistan (1973), Art. 185(3)--Ejectment on grounds of default subletting and personal bona fide need---High Court in exercise of appellate jurisdiction re-appraised entire evidence on record and came to adverse findings against petitioner/tenant on all three grounds of ev
1991 SCMR 1871 SUPREME-COURT
Supreme Court · 1991
MUHAMAMD YASIN VS ALEEM-UD-DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 --S. 13(2)(i)(ii)(a) & (3)(i)(ii)---Constitution of Pakistan (1973), Art. 185(3)--Ejectment on grounds of default subletting and personal bona fide need---High Court in exercise of appellate jurisdiction re-appraised entire evidence on record and came
1991 SCMR 1530 SUPREME-COURT
Supreme Court · 1991
ABDUL HAMEED NAZ VS RAZIA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Dispute of ownership of premises between petitioners and respondents---Respondents' application for ejectment against petitioners was dismissed by Rent Controller but ejectment order was pass
1991 SCMR 1530 SUPREME-COURT
Supreme Court · 1991
ABDUL HAMEED NAZ VS RAZIA BEGUM Constitution of Pakistan 1973--185 , ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Dispute of ownership of premises between petitioners and respondents---Respondents' application for ejectment against petitioners was dismissed by Rent Controller but ejectment order was passed by Appellate Court and sustained by High Court in, Constitutional juri
1991 SCMR 1527 SUPREME-COURT
Supreme Court · 1991
ABDUL RAZIQ VS MUBEENUL HAQ KHAN PLD 1982 SC 218, Constitution of Pakistan 1973--185 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant--Rent Controller accepting landlords'plea of personal bona fide requirement, ordered ejectment of tenant---Tenants'appeal before High Court remained unsuccessful---Leave to appeal---Tenants main contention was that landlord h
1991 SCMR 1527 SUPREME-COURT
Supreme Court · 1991
ABDUL RAZIQ VS MUBEENUL HAQ KHAN PLD 1982 SC 218, West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant--Rent Controller accepting landlords'plea of personal bona fide requirement, ordered ejectment of tenant---Tenants'appeal before High Court remained uns
1991 SCMR 1434 SUPREME-COURT
Supreme Court · 1991
NIKHAT RIAZ VS MANZOOR HASSAN Sindh Rented Premises Ordinance 1979--21 , ----Ss.15 & 21---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant for enhancement of rent---Tenant in his deposition had although alleged that notices of ejectment were served upon him in the past yet whenever he increased the rent, no action was taken for, his ejectment ---In the absence of any such
1991 SCMR 1345 SUPREME-COURT
Supreme Court · 1991
MUHAMMAD RAFIQUE VS ALLAH NOOR 1980 SCMR 506, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(2)(i)---Constitution of Pakistan (1973), Art.185(3)---Default in payment of rent---Landlord submitted that Courts below having failed to appreciate that no rent receipt was produced by tenant with regard to alleged payment of
1991 SCMR 1345 SUPREME-COURT
Supreme Court · 1991
MUHAMMAD RAFIQUE VS ALLAH NOOR 1980 SCMR 506, Constitution of Pakistan 1973--185 , ----S.13(2)(i)---Constitution of Pakistan (1973), Art.185(3)---Default in payment of rent---Landlord submitted that Courts below having failed to appreciate that no rent receipt was produced by tenant with regard to alleged payment of rent to landlord, it could not possibly be held that tenant was not defau
1991 SCMR 1246 SUPREME-COURT
Supreme Court · 1991
SHAKAR KHAN VS ABDUL QADIR Constitution of Pakistan 1973--185 , ----S.13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant--Dispute relating to half of the property being sub judice, eviction of tenant from whole of the premises was ordered---Leave to appeal was granted to consider contention that in having framed issues on the question whether landlords had sold half por
1991 SCMR 1246 SUPREME-COURT
Supreme Court · 1991
SHAKAR KHAN VS ABDUL QADIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant--Dispute relating to half of the property being sub judice, eviction of tenant from whole of the premises was ordered---Leave to appeal was granted to consider contention that in
1991 SCMR 864 SUPREME-COURT
Supreme Court · 1991
IQBAL YOUSUF VS KISHWAR JEHAN Constitution of Pakistan 1973--185 , ----Ss.14(1) & 15---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine questions of law as to whether for eviction under S.14, service of notice on tenant was mandatory or not and filing of the case previously under S.15 of the Ordinance, would constitute sufficient notice under S.14(1).
1991 SCMR 864 SUPREME-COURT
Supreme Court · 1991
IQBAL YOUSUF VS KISHWAR JEHAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.14(1) & 15---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine questions of law as to whether for eviction under S.14, service of notice on tenant was mandatory or not and filing of the case previo
1991 SCMR 864 SUPREME-COURT
Supreme Court · 1991
IQBAL YOUSUF VS KISHWAR JEHAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.14(1) & 15---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine questions of law as to whether for eviction under S.14, service of notice on tenant was mandatory or not and filing of the case previo
1991 CLC 2018 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1991
NASRULLAH VS FATIMA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss. 13 & 15---Ejectment of tenant for reconstruction after demolition of premises and for benefit of minor---Duty of Rent Controller---Where plea was raised that eviction of tenant'was sought for benefit of minor, then Rent Controller would be duty boun
1991 CLC 2018 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1991
NASRULLAH VS FATIMA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15---Ejectment of tenant for reconstruction after demolition of premises and for benefit of minor---Duty of Rent Controller---Where plea was raised that eviction of tenant'was sought for benefit of minor, then Rent Controller would be duty bound to examine pleadings in order to find out as to wh
1991 CLC 1688 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
GHULAM DIN VS MUHAMMAD ASGHAR West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 2(c)(i) & 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S.30---Relationship of landlord and tenant---Respondent, claiming to be landlord, himself stated in his eviction petition filed against petitioner that petitione
1991 CLC 1688 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
GHULAM DIN VS MUHAMMAD ASGHAR Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 2(c)(i) & 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S.30---Relationship of landlord and tenant---Respondent, claiming to be landlord, himself stated in his eviction petition filed against petitione
1991 CLC 1688 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
GHULAM DIN VS MUHAMMAD ASGHAR Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 2(c)(i) & 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S.30---Relationship of landlord and tenant---Respondent, claiming to be landlord, himself stated in his eviction petition filed against petitione
1991 CLC 1652 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
HIDAYATULLAH VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--199 , S. 13---Constitution of Pakistan (1973), Art.199---Judgment of Appellate Court being not in consonance with legal requirement, with regard to eviction of tenant from shops in question, was declared to be without lawful authority and of no legal effect---Case was remanded to Appellate Court for decision afresh in
1991 CLC 1384 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
MUHAMMAD SAEED VS MUHAMMAD AHMED West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 14 --- Earlier ejectment petition was withdrawn by landlord on basis of compromise --- Ejectment petition was subsequently filed wherein the eviction was sought by landlord on ground of default in payment of rent and also subletting which were no
1991 CLC 978 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
IFTIKHAR AHMAD VS INAYAT ALI West Pakistan Urban Rent Restriction Ordinance 1959--13-B , West Pakistan Urban Rent Restriction Ordinance 1959--14 , Ss. 13(3)(a)(ii), 13-B & 14 --- Res judicata --- In previous ejectment petition point in issue was the bona fide need of landlord's son, but in subsequent petition, landlord had sought ejectment of tenant for his own personal use and occupation
1991 CLC 978 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
IFTIKHAR AHMAD VS INAYAT ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13(3)(a)(ii), 13-B & 14 --- Res judicata --- In previous ejectment petition point in issue was the bona fide need of landlord's son, but in subsequent petition, landlord had sought ejectment of tenant for his own personal use and occupation after ha
1991 CLC 863 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
SARDAR MUHAMMAD KHAN VS MUHAMMAD MISKEEN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S.13 --- eviction order against tenant, could validly be passed on application of one of co-landlords/co-sharers --- Mere, fact that some proceedings were allegedly pending before Member, Board of Revenue wherein mutation in respect of prope
1991 PLD 332 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
IJAZ HUSSAIN VS ADDITIONAL DISTRICT JUDGE 1985 CLC 596, 1985 SCMR 24, 1986 SCMR 751, 1990 CLC 1463, PLD 1988 Quetta 1, Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , S. 13-A---Constitution of Pakistan (1973), Art.199---Service of notice of change of ownership of premises---Effect of non-service of notice on relationship of landlord and ten
1991 PLD 332 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
IJAZ HUSSAIN VS ADDITIONAL DISTRICT JUDGE 1985 CLC 596, 1985 SCMR 24, 1986 SCMR 751, 1990 CLC 1463, PLD 1988 Quetta 1, Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , S. 13-A---Constitution of Pakistan (1973), Art.199---Service of notice of change of ownership of premises---Effect of non-service of notice on relationship of landlord and ten
1991 MLD 2718 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
MUHAMMAD ASHRAF VS MUHAMMAD AKHTAR 1984 C L C 1083, 1986 C L C 103, Cantonments Rent Restriction Act 1963--17-A , Cantonments Rent Restriction Act 1963--17 , ----Ss. 17(2)(vi)), 17(4)(a)(i) & 17-A(1)(b)---Personal bona fide need---Landlord seeking ejectment of tenant had contended that he required premises in dispute in good faith for his bona fide personal need alter amalgamating the sam
1991 MLD 2718 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
MUHAMMAD ASHRAF VS MUHAMMAD AKHTAR 1984 C L C 1083, 1986 C L C 103, Cantonments Rent Restriction Act 1963--17-A , Cantonments Rent Restriction Act 1963--17 , ----Ss. 17(2)(vi)), 17(4)(a)(i) & 17-A(1)(b)---Personal bona fide need---Landlord seeking ejectment of tenant had contended that he required premises in dispute in good faith for his bona fide personal need alter amalgamating the sam
1991 MLD 2329 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
Mst. HASEENA BEGUM VS Mst. NAZMA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(6)---Civil Procedure Code (V of 1908), O.I, R.10---Non-compliance of tentative rent order of Rent Controller---Striking off defence of tenants ---Vendee respondents having become owners through sale were substituted in place of origi
1991 MLD 2329 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
Mst. HASEENA BEGUM VS Mst. NAZMA BEGUM Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , ----S. 13(6)---Civil Procedure Code (V of 1908), O.I, R.10---Non-compliance of tentative rent order of Rent Controller---Striking off defence of tenants ---Vendee respondents having become owners through sale were substituted in place of original owner---Substituted landlords entitlement
1991 MLD 1935 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
AHMAD ARSLAN VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 15---Civil Procedure Code (V of 1908), O.I, R.10---Constitution of Pakistan (1973), Art. 199---Ejectment of tenant---Petitioner's application to be impleaded as a party in ejectment application rejected by Rent Controller---Validity-
1991 MLD 1935 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
AHMAD ARSLAN VS ADDITIONAL DISTRICT JUDGE Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--199 , ----S. 15---Civil Procedure Code (V of 1908), O.I, R.10---Constitution of Pakistan (1973), Art. 199---Ejectment of tenant---Petitioner's application to be impleaded as a party in ejectment application rejected by Rent Controller---Validity--Petition
1991 MLD 1935 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
AHMAD ARSLAN VS ADDITIONAL DISTRICT JUDGE Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--199 , ----S. 15---Civil Procedure Code (V of 1908), O.I, R.10---Constitution of Pakistan (1973), Art. 199---Ejectment of tenant---Petitioner's application to be impleaded as a party in ejectment application rejected by Rent Controller---Validity--Petition
1991 MLD 1655 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
NIAZ AHMAD VS ISHTIAQ AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13 & 15---Default in payment of rent---Discretionary Jurisdiction of Rent Controller---Landlord in the past had been receiving rent in lump sum and on account of such practice having been
1991 MLD 1655 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
NIAZ AHMAD VS ISHTIAQ AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13 & 15---Default in payment of rent---Discretionary Jurisdiction of Rent Controller---Landlord in the past had been receiving rent in lump sum and on account of such practice having been
1991 CLC 623 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
SAADAT ALI BAIG VS S. BUX ELLAHI Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S.14 --- Pagri --- Effect--No provisions of law existed by which pagri could stand in way of landlord in seeking eviction of tenant if otherwise landlord had remedy under Ordinance.
1991 MLD 511 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
MUHAMMAD ASLAM VS DISTRICT EDUCATION OFFICER Martial Law Regulation 1972 No. 118--RGLN. , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.3 (Proviso)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Privately Managed Schools and Colleges (Taking over) Regulation, 1972 (M.L.R. 118), para.4---Constitution of Pakistan (1973), Art.199--Requisitioning of pro
1991 MLD 511 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
MUHAMMAD ASLAM VS DISTRICT EDUCATION OFFICER Martial Law Regulation 1972 No. 118--RGLN. , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.3 (Proviso)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Privately Managed Schools and Colleges (Taking over) Regulation, 1972 (M.L.R. 118), para.4---Constitution of Pakistan (1973), Art.199--Requisitioning of pro
1991 CLC 2011 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
MANZOOR. ALI VS ASADULLAH Cantonments Rent Restriction Act 1963--23 , Code of Civil Procedure 1908--11 , S. 23---Civil Procedure Code (V of 1908), S.11---Principle of res judicata--Invocation of---Bar on invocation of principle of res judicata would apply, when two proceedings between same parties or persons claiming under them; involved identical facts and grounds at issue and there was a
1991 CLC 2011 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
MANZOOR. ALI VS ASADULLAH Cantonments Rent Restriction Act 1963--23 , Code of Civil Procedure 1908--11 , S. 23---Civil Procedure Code (V of 1908), S.11---Principle of res judicata--Invocation of---Bar on invocation of principle of res judicata would apply, when two proceedings between same parties or persons claiming under them; involved identical facts and grounds at issue and there was a
1991 CLC 1907 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
HABIB BANK LTD. VS PUBLIX INDUSTRIES Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 21---Personal bona fide requirement of landlord---Landlord had stated in ejectment application, its personal requirement of premises in question, but gave no details of such requirement---Landlord's witness having stated in his evidence factum of bona fide personal
1991 CLC 1907 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
HABIB BANK LTD. VS PUBLIX INDUSTRIES Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21---Personal bona fide requirement of landlord---Landlord had stated in ejectment application, its personal requirement of premises in question, but gave no details of such requirement---Landlord's witness having stated in his evidence factum of bona fide personal requirement, tenant failed to cross-e
1991 CLC 1881 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
ALLAH DITTA VS MUHAMMAD SIDDIQUE Sindh Rented Premises Ordinance 1979--21 , ----Ss. 15 & 21---Personal bona fide requirement of landlord---Landlord of a property in Karachi had admitted in his evidence before Court that he was a permanent resident of Punjab where he owned landed property and his sons were married and were managing lands in Punjab---Landlord also admitted that his wife was
1991 CLC 1881 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
ALLAH DITTA VS MUHAMMAD SIDDIQUE Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15 & 21---Personal bona fide requirement of landlord---Landlord of a property in Karachi had admitted in his evidence before Court that he was a permanent resident of Punjab where he owned landed property and his sons were married and were managing lands in Punjab---Land
1991 CLC 1873 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
ABDUL RAZZAK VS AKEEL Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 Ss. 14 & 15---Personal bona fide requirement of landlord---Landlord's requirement for a Commercial tenement had to be independently approached of a corresponding, simultaneous or successive requirement of a residential nature---One such requirement could not reflect on the other unless two
1991 CLC 1873 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
ABDUL RAZZAK VS AKEEL Sindh Rented Premises Ordinance 1979--15 , Ss. 14 & 15---Personal bona fide requirement of landlord---Landlord's requirement for a Commercial tenement had to be independently approached of a corresponding, simultaneous or successive requirement of a residential nature---One such requirement could not reflect on the other unless two were inextricably connected, such as
1991 CLC 1733 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
TARIQ NIAZ VS MASOODA BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 16---Default in payment of rent---Proof---Tenant's plea was that on the date the application for ejectment was filed, he was not in default---Such plea even if accepted, no rent having been paid by tenant within statutory period of sixty days, plea about application for evic
1991 CLC 1733 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
TARIQ NIAZ VS MASOODA BEGUM Sindh Rented Premises Ordinance 1979--16 , Ss. 15 & 16---Default in payment of rent---Proof---Tenant's plea was that on the date the application for ejectment was filed, he was not in default---Such plea even if accepted, no rent having been paid by tenant within statutory period of sixty days, plea about application for eviction being premature was of academic
1991 CLC 1175 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
MUHAMMAD IBRAHIM VS KANEEZ FATIMA HAYA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---- Ss. 15 & 22 --- Execution of ejectment order---Objection to --- Document on basis of which intervenor claimed to be owner of premises in dispute and prayed for dismissal of execution application filed by landlord against tenant/judgment debtor was proved to be forged
1991 CLC 1175 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
MUHAMMAD IBRAHIM VS KANEEZ FATIMA HAYA Sindh Rented Premises Ordinance 1979--22 , ---- Ss. 15 & 22 --- Execution of ejectment order---Objection to --- Document on basis of which intervenor claimed to be owner of premises in dispute and prayed for dismissal of execution application filed by landlord against tenant/judgment debtor was proved to be forged one which was fabricated by interveno
1991 CLC 945 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
GHULAM MUHAMMAD VS SHAFQAT ALI KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---- Ss. 15 & 21 --- All efforts including publication in newspaper were made to serve tenant, but he failed to appear --- Rent Controller after considering affidavit in-evidence produced by landlord, passed eviction order against tenant --- Record did not show that any fraud
1991 CLC 945 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
GHULAM MUHAMMAD VS SHAFQAT ALI KHAN Sindh Rented Premises Ordinance 1979--21 , ---- Ss. 15 & 21 --- All efforts including publication in newspaper were made to serve tenant, but he failed to appear --- Rent Controller after considering affidavit in-evidence produced by landlord, passed eviction order against tenant --- Record did not show that any fraud had been committed---Possession of p
1991 CLC 933 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
MASHKOOR HASAN VS JANNAT BIBI Sindh Rented Premises Ordinance 1979--5 , Sindh Rented Premises Ordinance 1979 Ss. 5 & 14 --- Contention of tenant that after death of original landlord his widow and tenant having mutually agreed to enhance rent of premises, new tenancy was created between the parties was repeated ' on the grounds that agreement between parties was not duly attested under S.5
1991 CLC 926 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
ABDUN NASEER VS MUHAMMAD SALEEM Sindh Rented Premises Ordinance 1979--21 , ---- Ss. 15(2)(vii) & 21(1) --- Personal bona ride requirement --- Shop in which landlord was carrying on business did not belong to him, but belonged to his brother who was not on good terms with landlord and there had been disputes and quarrels between them to the extent that matter had been reported to police--As
1991 CLC 926 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
ABDUN NASEER VS MUHAMMAD SALEEM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---- Ss. 15(2)(vii) & 21(1) --- Personal bona ride requirement --- Shop in which landlord was carrying on business did not belong to him, but belonged to his brother who was not on good terms with landlord and there had been disputes and quarrels between them to the extent that m
1991 PLD 315 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
ALMAS ABDUL REHMAN VS HAMIDA NIZAM Cantonments Rent Restriction Act 1963--17 , S. 17(2)(i)???Default???Tenancy was regulated by agreement arrived at between parties providing payment of rent in advance every month by 10th of each month???Agreement existing when default in payment of rent occurred and also when application for ejectment was filed by landlord against tenant???Tenant in circu
1991 MLD 2323 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
ZAREEF KHAN VS ADMINISTRATOR, KARACHI CIRCLE, AUQAF DEPARTMENT, GOVERNMENT OF SINDH 1985 C L C 1794, Sindh Waqf Properties Ordinance 1979--10 , Sindh Waqf Properties Ordinance 1979 ----S. 10---Constitution of Pakistan (1973), Art.199---Alternate remedy in the form of appeal being available to petitioner he failed to avail of the same---No relief could be granted to petitioner under Art.19
1991 MLD 1631 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
JAN MUHAMMAD VS ABDUL GHAFFAR 1984 MLD 786, PLD 1982 SC 453, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(v)---Nuisance---To constitute nuisance, the offensive, annoying or injurious conduct /activities of the tenant amounting to nuisance, should be such which was not restricted to a single act of commission or omission--Ordinarily and in pri
1991 CLC 626 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
FEROZE ALI VS HAFEEZ-UN-NISA BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 --- Personal requirement of landlord --- Where ground of personal requirement, taken up by landlord alongwith other grounds of eviction, was independently established, giving up some of grounds, would not give rise to presumption that all grounds of eviction taken by lan
1991 MLD 1054 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
MOHIUDDIN AHMED VS NOOR AISHA KHATOON 1987 CLC 2029, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----Ss. 2(f) & 15---Landlady who was a purdah-observing lady, authorised her son to receive rent from tenant on her behalf---After giving such authority, landlady had gone into background and her son who had attained
1991 MLD 1054 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
MOHIUDDIN AHMED VS NOOR AISHA KHATOON 1987 CLC 2029, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----Ss. 2(f) & 15---Landlady who was a purdah-observing lady, authorised her son to receive rent from tenant on her behalf---After giving such authority, landlady had gone into background and her son who had attained
1991 MLD 776 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
HAMEEDA BEGUM VS HASAN BANO 1986 MLD 1610, 1988 MLD 1013, 1988 MLD 1412, PLD 1986 Kar. 84, West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.15(2)(vii)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(3)---Personal requirement of landlord---Provisions relating to personal requirement of landlord contained in S.13 of Ordinance, 1959, were drastically differ
1991 MLD 776 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
HAMEEDA BEGUM VS HASAN BANO 1986 MLD 1610, 1988 MLD 1013, 1988 MLD 1412, PLD 1986 Kar. 84, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(3)---Personal requirement of landlord---Provisions relating to personal requirement of landlord contained in S.13 of Ordinance, 1959, w
1991 MLD 724 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
MANZOOR HUSSAIN VS NAHEED AKHTAR 1984 CLC 3066, 1984 CLC 44, 1986 CLC 681, 1987 CLC 13, 1988 CLC 234, 1989 CLC 969, PLD 1989 SC 356, Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S.14---Ejectment of tenant on basis of retirement of landlord from service and for bona fide personal need of premises---"Prima facie need"---Proof of--Landlord retiring from
1991 MLD 651 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
FATAL HUSSAIN VS BUNDU HABAN 1984 CLC 755, 1986 CLC 1280, PLD 1985 Kar. 741, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(ii)---Default in payment of rent---Onus of proving that tenant had defaulted in payment of rent was on landlord---Landlord failed to discharge initial onus as he never issued any rent receipt and did not produce any book o
1991 MLD 649 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
ABDUR REHMAN VS ASLAM AHMED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(iii) (a) (iv)---Evidence of tenant as well as alleged sub-tenant as to creation of independent tenancy between landlord and alleged sub-tenant remained unshaken and was established---Landlord had not produced any evidence as to how conditions on which premises in dispute w
1991 MLD 500 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
MUHAMMAD ABDUL RAZZAK VS ZAFARULLAH KHAN Sindh Rented Premises Ordinance 1979--15-A , Sindh Rented Premises Ordinance 1979 ----S.15-A---Penalty for use of premises other than personal use after eviction of tenant---Provisions under section 15-A, could only be initiated against landlord when landlord had obtained possession of a building under S.14 or under S.15(2)(vii) of Ordinance and the
1991 CLC 53 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
ASHRAF ALIA VS ASIF MAJEED West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Ejectment of tenant on ground of bona fide personal requirement--Where landlord on ground of personal use had sought eviction of more tenants than one in respect of different commercial premises, although adjoining, ejectment applications having b
1991 PLD 239 KARACHI-HIGH-COURT-SINDH
Sindh · 1991
MRS. AFIA BEG VS PAK. STATE OIL CO. LTD. Waiver--TERM , S. 15---"Waiver"---Connotation---Effect--='Waiver" means to abandon or relinquish a known right by an express declaration or by conduct---To constitute "waiver" something more than mere inaction or delay in asserting one's right would be necessary---Mere failure to rile eviction application could not be deemed to be waiver by conduct.
1990 SCMR 544 SUPREME-COURT
Supreme Court · 1990
NISAR AHMAD KHAN VS NOOR MUHAMMAD KHAN Constitution of Pakistan 1973--185 , ---S.13---Constitution of Pakistan (1973), Art.185(3)---Bona ride personal need of landlord---Demand for increase of rent per se could neither be a basis for finding of mala fides nor such like alleged mala (ides could be the basis for eviction, in every case---Tenant could not point out anything so as to demonstra
1990 SCMR 544 SUPREME-COURT
Supreme Court · 1990
NISAR AHMAD KHAN VS NOOR MUHAMMAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13---Constitution of Pakistan (1973), Art.185(3)---Bona ride personal need of landlord---Demand for increase of rent per se could neither be a basis for finding of mala fides nor such like alleged mala (ides could be the basis for evictio
1990 SCMR 542 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD IBRAHIM VS ABDUL AZIZ SHAH Civil Procedure Code --Order XXIII of C.P.C. Withdrawal and Adjustment of Suits--1 , Constitution of Pakistan 1973--185 , ---S.13---Civil Procedure Code (V of 1908), OXXIII, R.1---Constitution of Pakistan (1973), " Art.185(3)----Tenant's eviction on ground of personal requirement of landlord---Tenant's Constitutional petition against his eviction also di
1990 SCMR 542 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD IBRAHIM VS ABDUL AZIZ SHAH West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13---Civil Procedure Code (V of 1908), OXXIII, R.1---Constitution of Pakistan (1973), " Art.185(3)----Tenant's eviction on ground of personal requirement of landlord---Tenant's Constitutional petition against his eviction also dismissed---Te
1990 SCMR 542 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD IBRAHIM VS ABDUL AZIZ SHAH Civil Procedure Code --Order XXIII of C.P.C. Withdrawal and Adjustment of Suits--1 , Constitution of Pakistan 1973--185 , ---S.13---Civil Procedure Code (V of 1908), OXXIII, R.1---Constitution of Pakistan (1973), " Art.185(3)----Tenant's eviction on ground of personal requirement of landlord---Tenant's Constitutional petition against his eviction also di
1990 SCMR 476 SUPREME-COURT
Supreme Court · 1990
GOVERNMENT OF PUNJAB VS AZRA MOHY-UD-DIN Constitution of Pakistan 1973--185 , ---S.13(6)---Constitution of Pakistan (1973), Art.185(3)---Non-compliance -of Rent Controller's tentative rent order---Tenant's defence struck off and ejectment ordered by Rent Controller---Tenant's appeal and Constitutional petition dismissed and his eviction maintained by Courts below---Rent Controller's order
1990 SCMR 476 SUPREME-COURT
Supreme Court · 1990
GOVERNMENT OF PUNJAB VS AZRA MOHY-UD-DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13(6)---Constitution of Pakistan (1973), Art.185(3)---Non-compliance -of Rent Controller's tentative rent order---Tenant's defence struck off and ejectment ordered by Rent Controller---Tenant's appeal and Constitutional petition dismiss
1990 SCMR 460 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD AMIR VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant--Tenants denying relationship of landlord and tenant by setting up plea of adverse possession---Rent Controller dismissed landlord's application---Appellate Court
1990 SCMR 460 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD AMIR VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--185 , ---S.13---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant--Tenants denying relationship of landlord and tenant by setting up plea of adverse possession---Rent Controller dismissed landlord's application---Appellate Court reversing Rent Controller's decision, ordered ejectment of tenants---Ten
1990 SCMR 376 SUPREME-COURT
Supreme Court · 1990
ZULFIQAR AHMAD MEHAR VS JOHAR HUSSAIN KAZMI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , Ss.14 & 21---Constitution of Pakistan (1973), Art.185(3)---High Court recalling earlier order staying proceedings of eviction of tenant---Petition for leave to appeal---Tenant's main appeal was still pending disposal---Question with regard to nature of property was de
1990 SCMR 376 SUPREME-COURT
Supreme Court · 1990
ZULFIQAR AHMAD MEHAR VS JOHAR HUSSAIN KAZMI Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 Ss.14 & 21---Constitution of Pakistan (1973), Art.185(3)---High Court recalling earlier order staying proceedings of eviction of tenant---Petition for leave to appeal---Tenant's main appeal was still pending disposal---Question with regard to nature of property was de
1990 SCMR 376 SUPREME-COURT
Supreme Court · 1990
ZULFIQAR AHMAD MEHAR VS JOHAR HUSSAIN KAZMI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , Ss.14 & 21---Constitution of Pakistan (1973), Art.185(3)---High Court recalling earlier order staying proceedings of eviction of tenant---Petition for leave to appeal---Tenant's main appeal was still pending disposal---Question with regard to nature of property was de
1990 SCMR 375 SUPREME-COURT
Supreme Court · 1990
AHSANUZ ZAMAN VS MUHAMMAD SALEEM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S.13---Constitution of Pakistan (1973), Art.185(3)---Landlord and tenant, relationship of---Courts below had adjudged petitioner to be the tenant under contesting landlord---Question whether petitioner was a tenant under respondent was one of fact--
1990 SCMR 375 SUPREME-COURT
Supreme Court · 1990
AHSANUZ ZAMAN VS MUHAMMAD SALEEM Constitution of Pakistan 1973--185 , S.13---Constitution of Pakistan (1973), Art.185(3)---Landlord and tenant, relationship of---Courts below had adjudged petitioner to be the tenant under contesting landlord---Question whether petitioner was a tenant under respondent was one of fact---Petitioner had not disputed that he had been paying rent to previous lan
1990 SCMR 8 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD AKRAM VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--185 , S.15---Constitution of Pakistan (1973), Art.185(3)---Acceptance of appeal in terms of compromise between parties---Leave to appeal having been granted to tenant against orders of eviction, deed of compromise with a request of its acceptance was presented to Supreme Court wherein tenant had undertaken to vacate
1990 SCMR 8 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD AKRAM VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S.15---Constitution of Pakistan (1973), Art.185(3)---Acceptance of appeal in terms of compromise between parties---Leave to appeal having been granted to tenant against orders of eviction, deed of compromise with a request of its acceptan
1990 SCMR 7 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD YAQOOB VS MUHAMMAD NAWAZ Constitution of Pakistan 1973--185 , ---S.13---Constitution of Pakistan (1973), Art.185(3)---Reconstruction---Order of ejectment was upheld by the High Court in Constitutional jurisdiction---When tenant's application came up for consideration his plea was that he only wanted certain minor adjustments for the purpose of his shifting to other premises--Tenan
1990 SCMR 7 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD YAQOOB VS MUHAMMAD NAWAZ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13---Constitution of Pakistan (1973), Art.185(3)---Reconstruction---Order of ejectment was upheld by the High Court in Constitutional jurisdiction---When tenant's application came up for consideration his plea was that he only wanted certain m
1990 PLD 681 SUPREME-COURT
Supreme Court · 1990
PERVAIZ AKHTAR VS ADDITIONAL DISTRICT JUDGE Contract Act 1872--25 , Limitation Act 1908--19 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13 ??? Limitation Act QX of 1908), S.19 ??? Contract Act (X of 1872), S. 25?? "Rent due" includes time?barred rent ??? Word "default"?? ?Connotation ???Time? barred rent does not preclude landlord for the enforcement of his right for evic
1990 PLD 681 SUPREME-COURT
Supreme Court · 1990
PERVAIZ AKHTAR VS ADDITIONAL DISTRICT JUDGE Contract Act 1872--25 , Limitation Act 1908--19 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13 ??? Limitation Act QX of 1908), S.19 ??? Contract Act (X of 1872), S. 25?? "Rent due" includes time?barred rent ??? Word "default"?? ?Connotation ???Time? barred rent does not preclude landlord for the enforcement of his right for evic
1990 PLD 681 SUPREME-COURT
Supreme Court · 1990
PERVAIZ AKHTAR VS ADDITIONAL DISTRICT JUDGE Contract Act 1872--25 , Limitation Act 1908--19 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13 ??? Limitation Act QX of 1908), S.19 ??? Contract Act (X of 1872), S. 25?? "Rent due" includes time?barred rent ??? Word "default"?? ?Connotation ???Time? barred rent does not preclude landlord for the enforcement of his right for evic
1990 PLD 394 SUPREME-COURT
Supreme Court · 1990
HAROON KASSAM VS AZAM SULEMAN MADHA West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(2)(vii) ??? Constitution of Pakistan (1973), Art.185(3) ??? Ejectment proceedings on ground of personal use ??? Leave to appeal was granted to examine the plea of tenant that landlord during the pendency of the ejectment proceedings had let out 20 flats in a building owned by him which had fa
1990 PLD 394 SUPREME-COURT
Supreme Court · 1990
HAROON KASSAM VS AZAM SULEMAN MADHA Constitution of Pakistan 1973--185 , S.13(2)(vii) --- Constitution of Pakistan (1973), Art.185(3) --- Ejectment proceedings on ground of personal use --- Leave to appeal was granted to examine the plea of tenant that landlord during the pendency of the ejectment proceedings had let out 20 flats in a building owned by him which had fallen vacant from time
1990 SCMR 1607 SUPREME-COURT
Supreme Court · 1990
PAKISTAN SPORTS COOPERATIVE INDUSTRIAL SOCIETY LTD. VS MUHAMMAD IQBAL BUTT, ADVOCATE, SIALKOT Constitution of Pakistan 1973--185 , ----S. 2---Constitution of Pakistan (1973), Art.185---Alteration in P.T.O. was held to be without lawful authority and of no legal effect by High Court in Constitutional jurisdiction---Leave to appeal---One industrial concern and house in question, were located
1990 SCMR 1607 SUPREME-COURT
Supreme Court · 1990
PAKISTAN SPORTS COOPERATIVE INDUSTRIAL SOCIETY LTD. VS MUHAMMAD IQBAL BUTT, ADVOCATE, SIALKOT Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975 ----S. 2---Constitution of Pakistan (1973), Art.185---Alteration in P.T.O. was held to be without lawful authority and of no legal effect by High Court in Constitutional
1990 SCMR 1364 SUPREME-COURT
Supreme Court · 1990
SULTAN MUHAMMAD VS CHAIRMAN, FEDERAL LAND COMMISSION Settlement of Immovable Property Disputes (Dir and Swat) Regulation 1972--RGLN. , Settlement of Immovable Property Disputes (Dir and Swat) Regulation 1972 ----Para.2(a)---Constitution of Pakistan (1973), Art.185(3)---Ownership of specified chunks, of agricultural land---Petitioners'claim as owners of that land rejected by inquiry Commiss
1990 SCMR 1364 SUPREME-COURT
Supreme Court · 1990
SULTAN MUHAMMAD VS CHAIRMAN, FEDERAL LAND COMMISSION Constitution of Pakistan 1973--185 , ----Para.2(a)---Constitution of Pakistan (1973), Art.185(3)---Ownership of specified chunks, of agricultural land---Petitioners'claim as owners of that land rejected by inquiry Commission---In execution proceedings taken by respondents, petitioners were not impleaded as parties---Petitioners, to avoid
1990 SCMR 1243 SUPREME-COURT
Supreme Court · 1990
ZOHRA BIBI VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13---Constitution of Pakistan (1973), Arts. 185(3) & 199---Ejectment of tenant on ground of personal need---Finding of fact recorded by appellate authority not to be disturbed in Constitutional jurisdiction, particularly when the conside
1990 SCMR 1243 SUPREME-COURT
Supreme Court · 1990
ZOHRA BIBI VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , ---S.13---Constitution of Pakistan (1973), Arts. 185(3) & 199---Ejectment of tenant on ground of personal need---Finding of fact recorded by appellate authority not to be disturbed in Constitutional jurisdiction, particularly when the considerations which prevailed with Court i
1990 PLD 1195 SUPREME-COURT
Supreme Court · 1990
MUMTAZ AHMAD VS ASSISTANT COMMISSIONER Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , Terrorism--TERM , Para.25(1)---Constitution of Pakistan (1973), Arts. 199 & 185(3)---Ejectment of tenants from agricultural land---Constitutional jurisdiction, invocation of---Suit for eviction of petitioners/tenants had been instituted under para.25(1) of the Regulation and no
1990 PLD 1195 SUPREME-COURT
Supreme Court · 1990
MUMTAZ AHMAD VS ASSISTANT COMMISSIONER Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , Terrorism--TERM , Para.25(1)---Constitution of Pakistan (1973), Arts. 199 & 185(3)---Ejectment of tenants from agricultural land---Constitutional jurisdiction, invocation of---Suit for eviction of petitioners/tenants had been instituted under para.25(1) of the Regulation and no
1990 SCMR 997 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD SIDDIQUE VS DISTRICT JUDGE, PESHAWAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Ejectment of tenant for personal requirement of landlord's son---Death of landlord pending adjudication of ejectment application---Effect---Where premises were required by the landlord for himself and his son, requirement of
1990 SCMR 957 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD IQBAL VS ADDITIONAL DILTRICT JUDGE Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975 ----S. 2---Constitution of Pakistan (1973), Art. 185(3)---Petitioners and respondents purchasing, in auction, adjoining property---Demarcation of property was got done through Settlement Authorities by respondent ex par
1990 SCMR 957 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD IQBAL VS ADDITIONAL DILTRICT JUDGE Constitution of Pakistan 1973--185 , ----S. 2---Constitution of Pakistan (1973), Art. 185(3)---Petitioners and respondents purchasing, in auction, adjoining property---Demarcation of property was got done through Settlement Authorities by respondent ex parte against petitioners whereby portion of shop in question was allocated to respondent--Resp
1990 SCMR 871 SUPREME-COURT
Supreme Court · 1990
DEEN MUHAMMAD VS DISTRICT JUDGE, KOHAT West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13---Constitution of Pakistan (1973), Art.185(3)---Landlord and tenant, relationship of---Tenant's contention that in an earlier round case was remanded to Rent Controller who without deciding the question of relationship of landlord and
1990 SCMR 832 SUPREME-COURT
Supreme Court · 1990
ABDUL QUDDUS VS ASSISTANT COLLECTOR, IST GRADE, DARGAI Constitution of Pakistan 1973--185 , ---Ss.6 & 7---Constitution of Pakistan (1973), Art.185(3)---Ejectment of lessees---Validity---Lessees having been ejected through a decree of Court, retained possession of the land by taking other legal proceedings to set aside the decree for eviction till they were physically ejected---Case was thu
1990 SCMR 832 SUPREME-COURT
Supreme Court · 1990
ABDUL QUDDUS VS ASSISTANT COLLECTOR, IST GRADE, DARGAI N.-W.F.P. Tenancy Act 1950--6 , N.-W.F.P. Tenancy Act 1950 ---Ss.6 & 7---Constitution of Pakistan (1973), Art.185(3)---Ejectment of lessees---Validity---Lessees having been ejected through a decree of Court, retained possession of the land by taking other legal proceedings to set aside the decree for eviction till they were physically
1990 SCMR 650 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD SIDDIQUE VS MUHAMMAD BAKHSH West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal granted to examine contentions that conclusions reached by High Court were based on mere hypothesis, for, the approved plan clearly showed that unless khokha (the demised pr
1990 SCMR 650 SUPREME-COURT
Supreme Court · 1990
MUHAMMAD SIDDIQUE VS MUHAMMAD BAKHSH Constitution of Pakistan 1973--185 , ---S.13---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal granted to examine contentions that conclusions reached by High Court were based on mere hypothesis, for, the approved plan clearly showed that unless khokha (the demised premises) was removed, neither demolition of main building nor its construc
1990 SCMR 647 SUPREME-COURT
Supreme Court · 1990
KASSIM VS RAHIM SHAH Constitution of Pakistan 1973--185 , ---S.15---Constitution of Pakistan (1973), Art.185(3)---eviction application--Landlord acquired right of ownership in property through sale-deed-Until saledeed was cancelled and was out of field, landlord could claim to have stepped into shoes of previous owner, entitled to recover the rent---Even if agreement of sale was executed b
1990 SCMR 647 SUPREME-COURT
Supreme Court · 1990
KASSIM VS RAHIM SHAH Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15---Constitution of Pakistan (1973), Art.185(3)---eviction application--Landlord acquired right of ownership in property through sale-deed-Until saledeed was cancelled and was out of field, landlord could claim to have stepped into shoes of previous owner, entitled to recover the rent
1990 SCMR 642 SUPREME-COURT
Supreme Court · 1990
NISAR HAIDER VS RAZIA SULTANA Constitution of Pakistan 1973--185 , ---S.15---Constitution of Pakistan (1973), Art.185(3)---Tenant's eviction--Justification---Landlady had sought eviction of tenant on account of bona fide need related to her old age and ill health, so that her married daughter could occupy the premises and be available to be of service to her, in case of need--Landlady coul
1990 SCMR 642 SUPREME-COURT
Supreme Court · 1990
NISAR HAIDER VS RAZIA SULTANA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15---Constitution of Pakistan (1973), Art.185(3)---Tenant's eviction--Justification---Landlady had sought eviction of tenant on account of bona fide need related to her old age and ill health, so that her married daughter could occupy the premises and be available to be of ser
1990 MLD 940 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1990
DHIRENDRA KUMAR GARG VS SUGANDHIBAI JAIN Civil Procedure Code --Order XXXII of C.P.C. Suits by or Against Minors and Persons of Unsound Mind--7 , Civil Procedure Code --Order XXXII of C.P.C. Suits by or Against Minors and Persons of Unsound Mind ---O. XXXII, R.7---Compromise on behalf of minors---Validity---Decree for eviction and arrears of rent in favour of minors---Compromise in appeal-
1990 MLD 515 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1990
FIRM GANPAT RAM RAJKUMAR VS KALU RAMX Contempt of Court--TERM , Contempt of Court --- Civil contempt--Order of eviction against a firm--Order confirmed by Supreme Court and six months' time given to firm on firm's giving usual undertaking- No undertaking given by firm nor premises vacated--Sons and grandsons of partners of firm obtaining temporary injunction against landlord and one of par
1990 CLC 1625 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1990
MUHAMMAD YAQOOB VS BIBI KHOR JAN West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 15 & 13(5)---Ejectment of tenant---Reconstruction of building---Landlord undertaking to accommodate tenants, in the basement as demanded by tenants in written statement---Such commitment not only would lend support to bona fides of landlord
1990 MLD 337 PESHAWAR-HIGH-COURT
KPK · 1990
M. ALTAF HUSSAIN VS PESHAWAR MOTORS LIMITED Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S.17--Personal requirement of landlord--Rent Controller is required only to see whether premises is required by landlord for his personal use in good faith-Rent Controller is not legally concerned to address himself on extraneous considerations--Dominant consider
1990 CLC 22 PESHAWAR-HIGH-COURT
KPK · 1990
FAQIR MUHAMMAD VS AKHTAR ALI Constitution of Pakistan 1973--199 , ---S.13---Constitution of Pakistan (1973), Art. 199---Default in payment of rent-Proof--Tenant's contention was that when title of property in question was finally decided by High Court in favour of landlords subject to payment of Rs.3,2(NI as mortgage amount, tenants, were not aware of any redemption by landlords an(! thus
1990 CLC 22 PESHAWAR-HIGH-COURT
KPK · 1990
FAQIR MUHAMMAD VS AKHTAR ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13---Constitution of Pakistan (1973), Art. 199---Default in payment of rent-Proof--Tenant's contention was that when title of property in question was finally decided by High Court in favour of landlords subject to payment of Rs.3,2(NI as mortgage
1990 CLC 1 PESHAWAR-HIGH-COURT
KPK · 1990
GHULAM HAIDER VS MUHAMAMD YOUNIS Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S.17(4)(b)---Personal bona fide requirement---Landlord after transfer of shop in his name, served notice of transfer under S.30 of the Diplaced Persons Compensation and Rehabilitation Act, 1958 and thereafter filed ejectment application, which was dismissed as the tenant wa
1990 CLC 1277 LAHORE-HIGH-COURT-LAHORE
Punjab · 1990
JAN MUHAMMAD VS MUHAMMAD SARWAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(3)(ii), proviso 2---Personal bona fide need---No embargo exits on the right of landlord to file application for eviction of more than one shop simultaneously on ground of personal bona fide need---Personal bona fide need, should be adjudicated
1990 MLD 1907 LAHORE-HIGH-COURT-LAHORE
Punjab · 1990
MUHAMMAD BASHIR VS LAI DIN West Pakistan Land Revenue Act 1967--172 , West Pakistan Land Revenue Act 1967 ----S.172---Exclusion of jurisdiction of Civil Court---eviction of a person who had encroached upon a certain Khasra being a matter which the Collector was empowered by the Act to dispose of, suit before Civil Court was expressly barred---Such suit did not lie because before invoking t
1990 CLC 901 LAHORE-HIGH-COURT-LAHORE
Punjab · 1990
BASHIRAN BIBI VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S.13---Ejectment---Once an order of eviction of tenant is made under section 13(3)(9)(ii), it becomes, on death of the landlord, the beneficiary of the order, a part of his heritable estate and legal representative can defend order and cla
1990 PLD 76 LAHORE-HIGH-COURT-LAHORE
Punjab · 1990
SHAH MUHAMMAD VS MUHAMMAD RAFIQ Constitution of Pakistan 1973--199 , S.13(6) --- Constitution of Pakistan (1973), Art.199 --- Constitutional jurisdiction exercise of --- Rent Controller's order directing deposit of rent beyond period of three years from the date of riling of rent application was defective and invalid- Courts below failing to give required attention to the real point in con
1990 PLD 48 LAHORE-HIGH-COURT-LAHORE
Punjab · 1990
AHMAD SHAH VS BIBI SAKHIAN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss. 17 & 24 ??? eviction proceedings ??? Landlord failed to prove title to property in clear terms ??? Rent Controller being in doubt as to title of landlord referred the parties to Civil Court ??? Both the parties to rent proceedings had filed suits for declaration of title w
1990 PLD 48 LAHORE-HIGH-COURT-LAHORE
Punjab · 1990
AHMAD SHAH VS BIBI SAKHIAN Cantonments Rent Restriction Act 1963--PREAMBLE , Preamble???Rent laws have been enacted to regulate the relationship of class of landlord and tenant with the object to protect the interest of each class???Act XI of 1963 was enacted to make provision for control of rent of certain classes of buildings within the limits of cantonment area and eviction of tenants t
1990 PLD 48 LAHORE-HIGH-COURT-LAHORE
Punjab · 1990
AHMAD SHAH VS BIBI SAKHIAN Cantonments Rent Restriction Act 1963--15 , Code of Civil Procedure 1908--12 , Code of Civil Procedure 1908--9 , Ss. 15 & 17???Civil Procedure Code (V of 1908), Ss?9 & 12(2)???West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13???eviction proceedings??Nature of??Where title of landlord suffered from some doubt eviction could not be ordered and landl
1990 PLD 48 LAHORE-HIGH-COURT-LAHORE
Punjab · 1990
AHMAD SHAH VS BIBI SAKHIAN Cantonments Rent Restriction Act 1963--15 , Code of Civil Procedure 1908--12 , Code of Civil Procedure 1908--9 , Ss. 15 & 17???Civil Procedure Code (V of 1908), Ss?9 & 12(2)???West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13???eviction proceedings??Nature of??Where title of landlord suffered from some doubt eviction could not be ordered and landl
1990 CLC 1729 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
HASSAN MALIK VS K.R.S. IYER Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Ejectment of tenant was sought on ground of default---By withdrawing the rent deposited in Court, the landlord had waived his right to proceed against tenant for eviction on the ground of default.
1990 CLC 1708 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
MUHAMMAD NAWAB VS POSTMASTER GENERAL, KARACHI Sindh Rented Premises Ordinance 1979--18 , Ss. 15(2)(ii) & 18---Default in payment of rent---Change of ownership--¬Previous owners/landlords had not been able to prove default of tenant --¬Vendees of premises in dispute, held, could not have better rights against tenants than rights enjoyed ' by previous owners---In absence of notice for change
1990 CLC 1708 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
MUHAMMAD NAWAB VS POSTMASTER GENERAL, KARACHI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15(2)(ii) & 18---Default in payment of rent---Change of ownership--¬Previous owners/landlords had not been able to prove default of tenant --¬Vendees of premises in dispute, held, could not have better rights against tenants than rights enjoyed ' by previous own
1990 CLC 1353 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
SADORI BAI VS FAIZ MUHAMMAD Sindh Rented Premises Ordinance 1979--21 , Ss. 2(j) & 21---Word, "tenant" as used in Sindh Rented Premises Ordinance, 1979---Connotation---Word "tenant" means any person who undertakes or is bound to pay rent as consideration for possession or occupation of any premises by him or by other person on his behalf---Word "tenant" would include any person who continue
1990 CLC 1353 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
SADORI BAI VS FAIZ MUHAMMAD Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 Ss. 2(j) & 21---Word, "tenant" as used in Sindh Rented Premises Ordinance, 1979---Connotation---Word "tenant" means any person who undertakes or is bound to pay rent as consideration for possession or occupation of any premises by him or by other person on his behalf---Word "tenant" w
1990 CLC 1324 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
MUHAMMAD AMINUDDIN QURESHI VS SALAHUDDIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Ejectment of tenant---Earlier tenancy agreement having expired landlord not entering into fresh tenancy agreement and refusing to accept rent--Landlord filing ejectment application after thirteen months of expiry of tenancy agreement---Such delayed filing of
1990 CLC 1274 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
MUHAMMAD AIWAZ KHAN VS ABDUL REHMAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Default in payment of rent---Landlord's assertion in eviction application that rent of premises was fixed to be a specified amount and that tenant had failed to pay the same as also the electric charges was belied by the evidence of person through whom landlord ha
1990 CLC 1224 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
ANITA SUBHAN KHAN VS JAMALUDDIN ANSARI, ADDITIONAL CONTROLLER OF RENTS Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----Ss. 17 & 27---eviction application---Written statement filed on behalf of tenant rejected by Rent Controller---Permission to defend eviction application or to permit tenant to file written statement---Inherent powers of Tribunal stated
1990 CLC 1069 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
NASIR JAMAL VS ZUBEIDA BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15(2)(ii) & 16(1)---Default in payment of rent---Rent Controller, despite holding that landlord had failed to prove default as alleged by him in his ejectment application, ordered ejectment of tenant on ground that tenant had committed default in payment of rent in respect of
1990 CLC 1069 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
NASIR JAMAL VS ZUBEIDA BEGUM Sindh Rented Premises Ordinance 1979--16 , ----Ss.15(2)(ii) & 16(1)---Default in payment of rent---Rent Controller, despite holding that landlord had failed to prove default as alleged by him in his ejectment application, ordered ejectment of tenant on ground that tenant had committed default in payment of rent in respect of period subsequent to filing of eject
1990 MLD 2182 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
ABDUL MEHDI VS ABDUL HAKIM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Civil Procedure Code (V of 1908), O.XLI, Rr.23 & 33---Respondent in appeal was entitled to support order of eviction passed by Rent Controller by pressing for the reversal of finding recorded on any issue against him without filing cross-objections---Provisions of O.XLI, R
1990 MLD 1682 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
MUHAMMAD MEHTAB VS MUHAMMAD ISMAIL Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Practice and procedure------Witnesses of 4 party should not be allowed to be present when- evidence of that party by which such witnesses were to be tendered, was going on---Short of contumacious disregard of Court's order, if any witness had unwillingly remained in
1990 MLD 840 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
ABDUL HAMID KHAN & SONS VS KARIMJI EBRAHIMJI & SONS Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ---Ss. 2(h) & 15---Pakistan Hotels and Restaurants Act (LXXXI of 1976), S.2(g)-- -"Hotel"---Definition---eviction from hotel---Definition of `Hotel' as given in Act, being relevant for purposes of that Act only cannot be applied for purposes of the Ordinance---
1990 MLD 840 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
ABDUL HAMID KHAN & SONS VS KARIMJI EBRAHIMJI & SONS Pakistan Hotels and Restaurants Act 1976--2 , ---Ss. 2(h) & 15---Pakistan Hotels and Restaurants Act (LXXXI of 1976), S.2(g)-- -"Hotel"---Definition---eviction from hotel---Definition of `Hotel' as given in Act, being relevant for purposes of that Act only cannot be applied for purposes of the Ordinance---In absence of definition of term
1990 CLC 489 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
HAQ BROTHERS VS COMMANDER, KARACHI Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965 ---Ss. 3 & 9---eviction of lessee---Issuance of notice---Agreement of lease, executed between petitioner/lessee and Government in respect of premises owned by Government, having come to end and
1990 CLC 489 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
HAQ BROTHERS VS COMMANDER, KARACHI Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--9 , ---Ss. 3 & 9---eviction of lessee---Issuance of notice---Agreement of lease, executed between petitioner/lessee and Government in respect of premises owned by Government, having come to end and same having not been renewed, respondent Authority (Commander of Karachi) duly
1990 PLC 331 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
MUHAMMAD SHAFI VS THE STATE Criminal Procedure Code (Cr.P.C) 1898--439-A , Criminal Procedure Code (Cr.P.C) ---S. 439-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 16(3)--Constitution of Pakistan (1973), Art.199---Complaint by employer under S. 16(3) of the Ordinance for eviction of dismissed employee---Eviction ordered---Criminal revis
1990 PLC 331 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
MUHAMMAD SHAFI VS THE STATE Constitution of Pakistan 1973--199 , ---S. 439-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 16(3)--Constitution of Pakistan (1973), Art.199---Complaint by employer under S. 16(3) of the Ordinance for eviction of dismissed employee---Eviction ordered---Criminal revision against order, competency of---Under S.
1990 CLC 345 KARACHI-HIGH-COURT-SINDH
Sindh · 1990
IQBAL GOODS CARRIER VS MUHAMMAD AYUB Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S.14---Landlord claimed possession of demised premises on ground that he had retired from Government service and had started his business in another rented premises--Contention of tenant that landlord's case was not covered under S.14 because after retirement from Government
1989 SCMR 558 SUPREME-COURT
Supreme Court · 1989
PROVINCE OF PUNJAB VS KHAN MUHAMMAD Martial Law Regulation 1972 No. 118--RGLN. , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Privately-Managed Schools and Colleges (Taking Over) Regulation, 1972 [M,L.R. 118], paras. 12, 12-A & 12-B--Taken over schools--Buildings not owned by Government--Liabilities under previous legal arrangements between school management and landl
1989 SCMR 558 SUPREME-COURT
Supreme Court · 1989
PROVINCE OF PUNJAB VS KHAN MUHAMMAD Martial Law Regulation 1972 No. 118--RGLN. , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Privately-Managed Schools and Colleges (Taking Over) Regulation, 1972 [M,L.R. 118], paras. 12, 12-A & 12-B--Taken over schools--Buildings not owned by Government--Liabilities under previous legal arrangements between school management and landl
1989 SCMR 525 SUPREME-COURT
Supreme Court · 1989
ZAHID MAHMOOD VS LQBALBEGUM Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S.15--Constitution of Pakistan (1973), Art.185(3)--Petition for leave to appeal-Tenant's eviction on ground of sub-letting--Order of eviction upheld by High Court--Order impugned--Facinal controversy with regard to transfer of possession by original tenant to sub-tenant being a qu
1989 SCMR 525 SUPREME-COURT
Supreme Court · 1989
ZAHID MAHMOOD VS LQBALBEGUM Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S.15--Constitution of Pakistan (1973), Art.185(3)--Petition for leave to appeal-Tenant's eviction on ground of sub-letting--Order of eviction upheld by High Court--Order impugned--Facinal controversy with regard to transfer of possession by original tenant to sub-tenant being a qu
1989 SCMR 522 SUPREME-COURT
Supreme Court · 1989
HIRJINA SALT CHEMICALS (PAK.) LTD. VS UNION COUNCIL, GHARO Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S.13--Constitution of Pakistan (1973), Arts.199 & 185(3)-.-eviction of tenant on ground of personal need of landlord's son--Bona fides of landlord-Determination of--Requirements--Question of bona f
1989 SCMR 522 SUPREME-COURT
Supreme Court · 1989
HIRJINA SALT CHEMICALS (PAK.) LTD. VS UNION COUNCIL, GHARO Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S.13--Constitution of Pakistan (1973), Arts.199 & 185(3)-.-eviction of tenant on ground of personal need of landlord's son--Bona fides of landlord-Determination of--Requirements--Question of bona f
1989 SCMR 515 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD SALEEM KHALID VS SECRETARY TO GOVERNMENT OF PUNJAB EDUCATION DEPARTMENT Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S.15--Constitution of Pakistan (1973), Art.185(3)--eviction of tenant-Dispute relating to rent, a question of fact--Finding of Rent Controller that rent fixed was a specified amount was not interfered with by High Court--High Co
1989 SCMR 515 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD SALEEM KHALID VS SECRETARY TO GOVERNMENT OF PUNJAB EDUCATION DEPARTMENT Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S.15--Constitution of Pakistan (1973), Art.185(3)--eviction of tenant-Dispute relating to rent, a question of fact--Finding of Rent Controller that rent fixed was a specified amount was not interfered with by High Court--High Co
1989 SCMR 511 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD ASLAM VS KHUDA DAD Cantonments Rent Restriction Act 1963--17 , ---S.17--eviction application filed on more than one grounds--When landlord succeeds on one ground, it is not necessary for Rent Controller to go into other grounds.
1989 SCMR 464 SUPREME-COURT
Supreme Court · 1989
INAYAT BEGUM VS ADDITIONAL DISTRICT AND SESSIONS JUDGE Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art.185(3)--eviction of tenants was allowed by Rent Controller but rejected in appeal by District Court-Constitutional petition by landlord against appellate Court's order was dismissed by High Court-
1989 SCMR 464 SUPREME-COURT
Supreme Court · 1989
INAYAT BEGUM VS ADDITIONAL DISTRICT AND SESSIONS JUDGE Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art.185(3)--eviction of tenants was allowed by Rent Controller but rejected in appeal by District Court-Constitutional petition by landlord against appellate Court's order was dismissed by High Court-
1989 SCMR 258 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD HUSSAIN VS ASHFAQ HUSSAIN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--16-A , Sindh Rented Premises Ordinance 1979--22 , West Pakistan Urban Rent Restriction Ordinance 1959--12 , ---Ss. 16-A & 22--Civil Procedure Code (V of 1908), S. 12(2)--Constitution of Pakistan (1973), Art. 185(3)--Ejectment--During execution proceedings started by landlord/respon
1989 SCMR 258 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD HUSSAIN VS ASHFAQ HUSSAIN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--16-A , Sindh Rented Premises Ordinance 1979--22 , West Pakistan Urban Rent Restriction Ordinance 1959--12 , ---Ss. 16-A & 22--Civil Procedure Code (V of 1908), S. 12(2)--Constitution of Pakistan (1973), Art. 185(3)--Ejectment--During execution proceedings started by landlord/respon
1989 SCMR 258 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD HUSSAIN VS ASHFAQ HUSSAIN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--16-A , Sindh Rented Premises Ordinance 1979--22 , West Pakistan Urban Rent Restriction Ordinance 1959--12 , ---Ss. 16-A & 22--Civil Procedure Code (V of 1908), S. 12(2)--Constitution of Pakistan (1973), Art. 185(3)--Ejectment--During execution proceedings started by landlord/respon
1989 SCMR 258 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD HUSSAIN VS ASHFAQ HUSSAIN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--16-A , Sindh Rented Premises Ordinance 1979--22 , West Pakistan Urban Rent Restriction Ordinance 1959--12 , ---Ss. 16-A & 22--Civil Procedure Code (V of 1908), S. 12(2)--Constitution of Pakistan (1973), Art. 185(3)--Ejectment--During execution proceedings started by landlord/respon
1989 SCMR 237 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD ASHRAF VS ABDUL HAMEED Code of Civil Procedure 1908--12 , Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S. 15--Constitution of Pakistan (1973), Art. 185(3)--Civil Procedure Code (V of 1908), S. 12(2)--Ejectment--Execution application filed by landlord for ejecting tenant decided by a consent order passed by High Court who ordered eviction of te
1989 SCMR 237 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD ASHRAF VS ABDUL HAMEED Code of Civil Procedure 1908--12 , Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S. 15--Constitution of Pakistan (1973), Art. 185(3)--Civil Procedure Code (V of 1908), S. 12(2)--Ejectment--Execution application filed by landlord for ejecting tenant decided by a consent order passed by High Court who ordered eviction of te
1989 SCMR 237 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD ASHRAF VS ABDUL HAMEED Code of Civil Procedure 1908--12 , Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S. 15--Constitution of Pakistan (1973), Art. 185(3)--Civil Procedure Code (V of 1908), S. 12(2)--Ejectment--Execution application filed by landlord for ejecting tenant decided by a consent order passed by High Court who ordered eviction of te
1989 SCMR 234 SUPREME-COURT
Supreme Court · 1989
ROSHAN ALI BHIMJEE VS STANDARD INSURANCE COMPANY LTD. Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S. 15--Constitution of Pakistan (1973) Art. 185(3)--Rent Controller, on basis of evidence produced before him rejecting assertion of landlord that he bona fide required premises for his own use but accepting plea of subletting and ordered tenant's evictio
1989 SCMR 234 SUPREME-COURT
Supreme Court · 1989
ROSHAN ALI BHIMJEE VS STANDARD INSURANCE COMPANY LTD. Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S. 15--Constitution of Pakistan (1973) Art. 185(3)--Rent Controller, on basis of evidence produced before him rejecting assertion of landlord that he bona fide required premises for his own use but accepting plea of subletting and ordered tenant's evictio
1989 SCMR 233 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD MOBIN SIDDIQUI VS SHAHZADI BEGUM Sindh Rented Premises Ordinance 1979--15 , ---S. 15--Ejectment--Bona fide personal requirement--Landlady not owner of property but daughter of owner and as daughter of owner her locus standi was substantially beyond dispute and her need could be a valid ground for obtaining eviction of tenant.
1989 SCMR 150 SUPREME-COURT
Supreme Court · 1989
PAKISTAN TELEVISION CORPORATION LTD. VS BABAR ZAMAN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--21 , ---Ss..13 & 21--Constitution of Pakistan (1973), Art. 185(3)--eviction of tenant ordered on ground of default in payment of rent after a finding that there existed relationship of landlor
1989 SCMR 150 SUPREME-COURT
Supreme Court · 1989
PAKISTAN TELEVISION CORPORATION LTD. VS BABAR ZAMAN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--21 , ---Ss..13 & 21--Constitution of Pakistan (1973), Art. 185(3)--eviction of tenant ordered on ground of default in payment of rent after a finding that there existed relationship of landlor
1989 SCMR 150 SUPREME-COURT
Supreme Court · 1989
PAKISTAN TELEVISION CORPORATION LTD. VS BABAR ZAMAN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--21 , ---Ss..13 & 21--Constitution of Pakistan (1973), Art. 185(3)--eviction of tenant ordered on ground of default in payment of rent after a finding that there existed relationship of landlor
1989 PLD 489 SUPREME-COURT
Supreme Court · 1989
HAJIAN AISHA VS ABDUL WAHEED Constitution of Pakistan 1973--185 , S. 13--Constitution of Pakistan (1973), Art .185(3)--Leave to appeal was granted to consider question whether, when, there was enough material on record to create a reasonable but uneasy impression and `doubt that a landlord when accepting rent for several months in lump sum (or, several occasions) was in reality trying to t
1989 PLD 489 SUPREME-COURT
Supreme Court · 1989
HAJIAN AISHA VS ABDUL WAHEED West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13??Constitution of Pakistan (1973), Art .185(3)??Leave to appeal was granted to consider question whether, when, there was enough material on record to create a reasonable but uneasy impression and `doubt that a landlord when accepting rent for several months in lump sum (or, several occasions) was i
1989 SCMR 2022 SUPREME-COURT
Supreme Court · 1989
TARIQ BUTT VS JAVAID PAUL Constitution of Pakistan 1973--185 , Establishment Manual Vol. I--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185 (3)--Landlord and tenant-Tenant's plea of absence of the relationship of landlord and tenant was rejected throughout--Tenant himself having executed a rent note in favour of landlord c
1989 SCMR 2022 SUPREME-COURT
Supreme Court · 1989
TARIQ BUTT VS JAVAID PAUL Constitution of Pakistan 1973--185 , Establishment Manual Vol. I--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185 (3)--Landlord and tenant-Tenant's plea of absence of the relationship of landlord and tenant was rejected throughout--Tenant himself having executed a rent note in favour of landlord c
1989 SCMR 2022 SUPREME-COURT
Supreme Court · 1989
TARIQ BUTT VS JAVAID PAUL Constitution of Pakistan 1973--185 , Establishment Manual Vol. I--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185 (3)--Landlord and tenant-Tenant's plea of absence of the relationship of landlord and tenant was rejected throughout--Tenant himself having executed a rent note in favour of landlord c
1989 SCMR 1810 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD SULEMAN SULFI VS AZRA SHAMIM Sindh Rented Premises Ordinance 1979--15 , ---S.15--Constitution of Pakistan (1973), Art. 185 (3)--Closing of tenant's evidence and eviction--Supreme Court, on perusal of order-sheet, reasons for closing tenant's case and observations of High Court with regard to tenant's conduct of the case, was satisfied that tenant was afforded fair and enough oppor
1989 SCMR 1696 SUPREME-COURT
Supreme Court · 1989
AJAZ HUSSAIN VS MUHAMMAD TARIQ Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Arts.185 (3) & 199--Constitutional jurisdiction--Scope--Limitation on exercise of Constitutional jurisdiction-Landlord's ejectment petition' dismissed by Rent Controller as also by Appell
1989 SCMR 1696 SUPREME-COURT
Supreme Court · 1989
AJAZ HUSSAIN VS MUHAMMAD TARIQ Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Arts.185 (3) & 199--Constitutional jurisdiction--Scope--Limitation on exercise of Constitutional jurisdiction-Landlord's ejectment petition' dismissed by Rent Controller as also by Appell
1989 SCMR 1670 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD YOUNUS VS HAJIRA BI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S.15--Constitution of Pakistan (1973). Art.185(3)--eviction petition--No material defect in the appraisement of evidence by High Court was found--Order of High Court, dismissing eviction petition, not suffering from any infirmity, legal or otherwise--Tenant though had committed d
1989 SCMR 1670 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD YOUNUS VS HAJIRA BI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S.15--Constitution of Pakistan (1973). Art.185(3)--eviction petition--No material defect in the appraisement of evidence by High Court was found--Order of High Court, dismissing eviction petition, not suffering from any infirmity, legal or otherwise--Tenant though had committed d
1989 SCMR 1593 SUPREME-COURT
Supreme Court · 1989
HANEEL-UR-REHMAIN VS MUHAMMAD JALALUDDIN Compromise--TERM , Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--12 , ---S.12--Constitution of Pakistan (1973), Art.185(3)--Compromise--Parties arrived at compromise out of Court--Judgment of High Court and eviction order of Rent Controller were set aside in view of compromise.
1989 SCMR 1593 SUPREME-COURT
Supreme Court · 1989
HANEEL-UR-REHMAIN VS MUHAMMAD JALALUDDIN Compromise--TERM , Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--12 , ---S.12--Constitution of Pakistan (1973), Art.185(3)--Compromise--Parties arrived at compromise out of Court--Judgment of High Court and eviction order of Rent Controller were set aside in view of compromise.
1989 SCMR 1593 SUPREME-COURT
Supreme Court · 1989
HANEEL-UR-REHMAIN VS MUHAMMAD JALALUDDIN Compromise--TERM , Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--12 , ---S.12--Constitution of Pakistan (1973), Art.185(3)--Compromise--Parties arrived at compromise out of Court--Judgment of High Court and eviction order of Rent Controller were set aside in view of compromise.
1989 SCMR 1399 SUPREME-COURT
Supreme Court · 1989
AKBAR ALI KHAN MIRZA VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenant for default in payment of rent--Contention that after the Rent Controller had found that relationship of landlord and tenant existed between the parties, he should have fra
1989 SCMR 1399 SUPREME-COURT
Supreme Court · 1989
AKBAR ALI KHAN MIRZA VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenant for default in payment of rent--Contention that after the Rent Controller had found that relationship of landlord and tenant existed between the parties, he should have fra
1989 SCMR 1370 SUPREME-COURT
Supreme Court · 1989
ZAHEER AHMAD KHAN VS AMINA BEGUM Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S.15--Constitution of Pakistan (173), Art.185(3)--Tenant's eviction on ground of bona fide requirement of landlady's son and for default in payment of rent-Eviction order maintained by High Court in appeal--Issues of personal requirement and default in payment of rent having
1989 SCMR 1370 SUPREME-COURT
Supreme Court · 1989
ZAHEER AHMAD KHAN VS AMINA BEGUM Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S.15--Constitution of Pakistan (173), Art.185(3)--Tenant's eviction on ground of bona fide requirement of landlady's son and for default in payment of rent-Eviction order maintained by High Court in appeal--Issues of personal requirement and default in payment of rent having
1989 SCMR 1315 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD ISHFAQUE VS ASGHAR ALI Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , ---Ss.13 & 14--Constitution of Pakistan (1973), Art. l85(3)--Landlord's earlier eviction application on sole ground of bona fide personal need was dismissed-Dismissal order was not challenged by the landlord
1989 SCMR 1315 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD ISHFAQUE VS ASGHAR ALI Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , ---Ss.13 & 14--Constitution of Pakistan (1973), Art. l85(3)--Landlord's earlier eviction application on sole ground of bona fide personal need was dismissed-Dismissal order was not challenged by the landlord
1989 SCMR 1315 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD ISHFAQUE VS ASGHAR ALI Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , ---Ss.13 & 14--Constitution of Pakistan (1973), Art. l85(3)--Landlord's earlier eviction application on sole ground of bona fide personal need was dismissed-Dismissal order was not challenged by the landlord
1989 SCMR 1301 SUPREME-COURT
Supreme Court · 1989
ALI BIN ABDUL OADIR VS HABIB BANK LTD. Constitution of Pakistan 1973--185 , Landlord and Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185(3)--Landlord and tenant-eviction of tenant for default in payment of rent--eviction order upheld until High Court--Contention that power of attorney to start proceedings against t
1989 SCMR 1301 SUPREME-COURT
Supreme Court · 1989
ALI BIN ABDUL OADIR VS HABIB BANK LTD. Constitution of Pakistan 1973--185 , Landlord and Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185(3)--Landlord and tenant-eviction of tenant for default in payment of rent--eviction order upheld until High Court--Contention that power of attorney to start proceedings against t
1989 SCMR 1301 SUPREME-COURT
Supreme Court · 1989
ALI BIN ABDUL OADIR VS HABIB BANK LTD. Constitution of Pakistan 1973--185 , Landlord and Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185(3)--Landlord and tenant-eviction of tenant for default in payment of rent--eviction order upheld until High Court--Contention that power of attorney to start proceedings against t
1989 SCMR 905 SUPREME-COURT
Supreme Court · 1989
DOST MUHAMMAD VS ABDUL RASHID West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art.185(3)--Leave to Appeal was grad to examine whether refusal of Rent Controller to implead Custodian, Enemy Property, Government of Pakistan, was fatal and proceedings for eviction of tenant from rented premises were defective and no order of eviction could b
1989 SCMR 905 SUPREME-COURT
Supreme Court · 1989
DOST MUHAMMAD VS ABDUL RASHID Constitution of Pakistan 1973--185 , ---S.13--Defence of Pakistan Rules, 1971, R.185(1)--Enemy property vested in Custodian to be exempt from attachment, seizure or sale in execution of decree or orders of any other authority, Custodian of Enemy Property would, therefore, be a necessary party to proceedings before Rent Controller for eviction of tenant from su
1989 SCMR 851 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD FAZIL VS MUHAMMAD SHARAF-UD-DIN Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ---S.17--Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenants--Two brothers occupying twin shops as tenants, proceeded against for eviction-Applications for eviction dismissed as also appeals of landlord--Landlord's Constitutional petitions were, however,
1989 SCMR 851 SUPREME-COURT
Supreme Court · 1989
MUHAMMAD FAZIL VS MUHAMMAD SHARAF-UD-DIN Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ---S.17--Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenants--Two brothers occupying twin shops as tenants, proceeded against for eviction-Applications for eviction dismissed as also appeals of landlord--Landlord's Constitutional petitions were, however,
1989 SCMR 595 SUPREME-COURT
Supreme Court · 1989
DELITE HOUSE LTD. VS FAYYAZ AKBAR Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art.185(3)--Ejectment of tenant on ground of reconstruction of house--Rent Controller's order for eviction of tenant upheld by High Court--Consigning of record at one stage by Rent Controller and revival of proceedings la
1989 SCMR 595 SUPREME-COURT
Supreme Court · 1989
DELITE HOUSE LTD. VS FAYYAZ AKBAR Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art.185(3)--Ejectment of tenant on ground of reconstruction of house--Rent Controller's order for eviction of tenant upheld by High Court--Consigning of record at one stage by Rent Controller and revival of proceedings la
1989 SCMR 592 SUPREME-COURT
Supreme Court · 1989
FARMAN AKHTAR VS MUHAMMAD SHARIF West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185(3)--eviction of tenant on ground of default in payment of rent--Leave to appeal was granted to consider whether the amount of security deposit lying with landlord, could be adjusted against the rent for the default period.
1989 MLD 2532 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1989
HAMEEDIA HARDWARE STORES VS B. MORAN LAL SOWCAR Landlord and Tenant--TERM , Landlord and Tenant ---eviction of tenant from non-residential premises--Bona fide requirement-Landlord should establish that he bona fide requires premises, in addition to proving other ingredients referred in the relevant statute.
1989 MLD 2459 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1989
MOHAN LAXMAN HEDC VS NOOR MUHAMMAD ADAMSHAIKH Landlord and Tenant--TERM , Landlord and Tenant ---eviction--Arrears of rent--Protection from eviction on deposit of arrears of rent `regularly' in Court--Expression `regularly' does not mean with exact or mathematical punctuality.
1989 MLD 2099 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1989
JAHEJO DEVI VS MOHARAM ALI Landlord and Tenant--TERM , Landlord and Tenant ---eviction proceedings—eviction sought on the grounds of default in payment of rent and bona fide need--Trial Court and First Appellate Court granting decree in basis of evidence--Interference by High Court with such findings held, was not justified.
1989 MLD 2094 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1989
BHARIAB CHANDRA NANDAN VS RANADHIR CHANDRA DUTTA Landlord and Tenant--TERM , Landlord and Tenant --eviction proceedings--eviction sought on grounds of subletting and bona fide need of landlord--Findings in favour of landlord by lower Courts on basis of evidence--Held, interference with findings by High Court was unjustified.
1989 MLD 2081 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1989
RAKHESH KUMAR VS HINDUSTAN EVEREST TOOLS LTD Landlord and Tenant--TERM , Landlord and Tenant ---eviction--Arrears of rent--Notice of demand must be read in common sense point of view bearing in mind how it is understood by ordinary people.
1989 MLD 2067 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1989
PIARA LAL VS KEWAL KRISHAN CHOPRA Landlord and Tenant--TERM , Landlord and Tenant --- Roof of one room in leased portion falling down--No finding that rest of building was damaged or had become weak--eviction on this ground is improper.
1989 MLD 2059 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1989
D.K. SONI VS P.K. MUKHERJEE Landlord and Tenant--TERM , Landlord and Tenant --- eviction order passed under old Act--Order becoming final--Execution-Subsequent events cannot be considered.
1989 MLD 1908 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1989
MOHAR SINGH VS DEVI CHARAN Transfer of Property Act 1882--106 , Transfer of Property Act 1882--109 , Transfer of Property Act 1882 ---Ss. 109 & 106--Scope--Unity and integrity of tenancy--Splitting up, of-Provision of S. 109 provides exception--Lease of two shops by co-owners, on partition, one shop coming to share of one co-owner--Action for eviction of tenant from that shop—Imp-leading a
1989 MLD 1908 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1989
MOHAR SINGH VS DEVI CHARAN Transfer of Property Act 1882--106 , Transfer of Property Act 1882--109 , Transfer of Property Act 1882 ---Ss. 109 & 106--Scope--Unity and integrity of tenancy--Splitting up, of-Provision of S. 109 provides exception--Lease of two shops by co-owners, on partition, one shop coming to share of one co-owner--Action for eviction of tenant from that shop—Imp-leading a
1989 MLD 1858 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1989
MUHAMMAD SIDWQUE VS DIRECTOR, EXCISE AND TAXATION Transfer of Property Act 1882--76 , Transfer of Property Act 1882 ---S.76(a)--eviction--Mortgagor--Landlord filing suit for redemption of mortgage and recovery of possession against mortgagee and tenant from him--Finding of Courts below that letting was not prudent act in ordinary course of management becoming final--Landlord is entitled to
1989 PLD 196 PESHAWAR-HIGH-COURT
KPK · 1989
HAJI AURANGZEB VS HAJI ABDUR REHMAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 --S. 13(5-B)--eviction on ground of reconstruction--Protection afforded to evicted tenant--Landlord requiring premises for reconstruction reasonably and in good faith, could be allowed to evict tenant to build afresh on existing premises--Tenant,
1989 PLD 181 PESHAWAR-HIGH-COURT
KPK · 1989
MST. ZAHIDA BEGUM VS ABDUL AZIZ West Pakistan Urban Rent Restriction Ordinance 1959--17 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.17 [as amended by North-West Frontier Province Urban Rent Restriction (Amendment) Ordinance (IX of 1979) --Execution of Rent Controller's Orders--Forum--Rent Controllers-North-West Frontier Province, have not been invested with the power to exec
1989 PLD 181 PESHAWAR-HIGH-COURT
KPK · 1989
MST. ZAHIDA BEGUM VS ABDUL AZIZ Code of Civil Procedure 1908--115 , --S.17--Civil Procedure Code (V of 1908), S.115--Execution of Rent Controller's order of eviction--Objection petition by third person dismissed by two Courts below--Effect--Eviction order passed on admission of tenancy by tenant--Tenant was granted one year's time for handing over vacant possession to landlord-- Tenant ins
1989 PLD 102 PESHAWAR-HIGH-COURT
KPK · 1989
SAMAR KHAN VS SAFDAR N.-W.F.P. Tenancy Act 1950--49 , N.-W.F.P. Tenancy Act 1950 ---S. 49--Constitution of Pakistan (1973), Art. 199--Ejectment of tenant for default in payment of rent--Concurrent findings of two Courts viz. Trial Court and Appellate Court set aside by revisional Court on the ground that default being not wilful, tenants were not liable to be evicted--Order impugned--No di
1989 PLD 102 PESHAWAR-HIGH-COURT
KPK · 1989
SAMAR KHAN VS SAFDAR Constitution of Pakistan 1973--199 , ---S. 49--Constitution of Pakistan (1973), Art. 199--Ejectment of tenant for default in payment of rent--Concurrent findings of two Courts viz. Trial Court and Appellate Court set aside by revisional Court on the ground that default being not wilful, tenants were not liable to be evicted--Order impugned--No distinction exists betwee
1989 CLC 2273 PESHAWAR-HIGH-COURT
KPK · 1989
HAMID KHAN VS WALI MUHAMMAD Constitution of Pakistan 1973--199 , N.-W.F.P. Tenancy Act 1950--24 , ---Ss. 2 & 24--Constitution of Pakistan (1973), Art.199-- Ejectment--Questions of ejectment and compensation for improvement had been fully dealt with by the forums of exclusive jurisdiction in competent proceedings in which tenants were found defaulters in payment of rent and the question of
1989 CLC 2273 PESHAWAR-HIGH-COURT
KPK · 1989
HAMID KHAN VS WALI MUHAMMAD Constitution of Pakistan 1973--199 , N.-W.F.P. Tenancy Act 1950--24 , ---Ss. 2 & 24--Constitution of Pakistan (1973), Art.199-- Ejectment--Questions of ejectment and compensation for improvement had been fully dealt with by the forums of exclusive jurisdiction in competent proceedings in which tenants were found defaulters in payment of rent and the question of
1989 CLC 2273 PESHAWAR-HIGH-COURT
KPK · 1989
HAMID KHAN VS WALI MUHAMMAD N.-W.F.P. Tenancy Act 1950--2 , N.-W.F.P. Tenancy Act 1950 ---Ss. 2 & 24--Constitution of Pakistan (1973), Art.199-- Ejectment--Questions of ejectment and compensation for improvement had been fully dealt with by the forums of exclusive jurisdiction in competent proceedings in which tenants were found defaulters in payment of rent and the question of compensatio
1989 CLC 1662 PESHAWAR-HIGH-COURT
KPK · 1989
SERVIS SALES CORPORATION LTD. VS JAVID AKHTAR Cantonments Rent Restriction Act 1963--24 , ---Ss. 17 & 24--eviction of tenant--Landlord not consenting to extension of lease period after expiry of lease--Extension of lease period, however, would not stand to the way of landlord to evict the tenant on the ground of demolition and reconstruction of premises--Consent of landlord for extension o
1989 CLC 1662 PESHAWAR-HIGH-COURT
KPK · 1989
SERVIS SALES CORPORATION LTD. VS JAVID AKHTAR Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---Ss. 17 & 24--eviction of tenant--Landlord not consenting to extension of lease period after expiry of lease--Extension of lease period, however, would not stand to the way of landlord to evict the tenant on the ground of demolition and reconstruction of premise
1989 CLC 1662 PESHAWAR-HIGH-COURT
KPK · 1989
SERVIS SALES CORPORATION LTD. VS JAVID AKHTAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 17(2)(vi)??West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13??Ejectment of tenant on ground of demolition and reconstruction?Provisions of S.17(2)(vi), Cantonments Rent Restriction Act, 1963 envisage a condition precedent for the eviction of tenant; the intention of la
1989 CLC 1296 PESHAWAR-HIGH-COURT
KPK · 1989
MUHAMMAD SIDDIQUE VS DISTRICT JUDGE, PESHAWAR Constitution of Pakistan 1973--199 , ---S.13--Constitution of Pakistan '(1973), Art. 199--Constitutional jurisdiction-Aggrieved party to exhaust his remedy before lower forums, in order to invoke Constitutional jurisdiction of High Court--Tenant's failure to raise before Rent Controller and before Appellate Court, the plea of eviction petition,
1989 CLC 1296 PESHAWAR-HIGH-COURT
KPK · 1989
MUHAMMAD SIDDIQUE VS DISTRICT JUDGE, PESHAWAR Civil Procedure Code --Order XXII of C.P.C. Death, Marriage and Insolvency of Parties--11 , Civil Procedure Code --Order XXII of C.P.C. Death, Marriage and Insolvency of Parties--4 , S.13--Civil Procedure Code (V of 1908), OXXII, Rr. 4 & 11--eviction of tenant on ground of requirement of premises for use of landlords son--Landlord expired durin
1989 CLC 1296 PESHAWAR-HIGH-COURT
KPK · 1989
MUHAMMAD SIDDIQUE VS DISTRICT JUDGE, PESHAWAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--Civil Procedure Code (V of 1908), OXXII, Rr. 4 & 11--eviction of tenant on ground of requirement of premises for use of landlord's son--Landlord expired during pendency of ejectment application--Maxim "Actio personalis moritur
1989 MLD 4710 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
ABDUL GHAFOOR VS MUHAMMAD ASHRAF West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.2(c)(1) & 13---Relationship of landlord and tenant, existence of---Tenant denied existence of relationship of landlord and tenant---Rent Controller after deciding issue against tenant, p
1989 MLD 4710 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
ABDUL GHAFOOR VS MUHAMMAD ASHRAF West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.2(c)(1) & 13---Relationship of landlord and tenant, existence of---Tenant denied existence of relationship of landlord and tenant---Rent Controller after deciding issue against tenant, p
1989 MLD 3853 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
ABDUL HAMID VS MUHAMMAD HANAF Code of Civil Procedure 1908--11 , ---Ss.13 & 15--Civil Procedure Code (V of 1908), S.11--eviction petition-Ejectment petition for eviction on ground of default and subletting--Petitioner contested ejectment petition and contended that he was a `tenant under respondent No. 1 and had no connection with other four respondents--Rent Controller passed order under
1989 MLD 3853 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
ABDUL HAMID VS MUHAMMAD HANAF West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.13 & 15--Civil Procedure Code (V of 1908), S.11--eviction petition-Ejectment petition for eviction on ground of default and subletting--Petitioner contested ejectment petition and contende
1989 MLD 3853 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
ABDUL HAMID VS MUHAMMAD HANAF West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.13 & 15--Civil Procedure Code (V of 1908), S.11--eviction petition-Ejectment petition for eviction on ground of default and subletting--Petitioner contested ejectment petition and contende
1989 MLD 3821 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
ABDUR RAOOF VS GULZAR BCGUM Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--2 , Cantonments Rent Restriction Act 1963 ---Ss.2(g)(j) & 17--Relationship of landlord and tenant--Tenant/Appellant had denied existence of relationship of landlord and tenant, but Rent Controller holding that such relationship between parties having stood proved on record, ordere
1989 MLD 3821 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
ABDUR RAOOF VS GULZAR BCGUM Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--2 , Cantonments Rent Restriction Act 1963 ---Ss.2(g)(j) & 17--Relationship of landlord and tenant--Tenant/Appellant had denied existence of relationship of landlord and tenant, but Rent Controller holding that such relationship between parties having stood proved on record, ordere
1989 MLD 3170 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
MUHAMMAD SIDDIQUE VS FATIMA BEGUM Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S.17--Ejectment--No distinction exits between case in which eviction was sought on grounds of personal requirement and case in which eviction was sought on other grounds.
1989 MLD 3071 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
KANEEZ FATIMA VS KHALIL AHMED West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--Constitution of Pakistan (1973), Art. 199--eviction--Relationship of landlord and tenant, liability of--Oral and documentary evidence on record showed that actually respondent had built the house on the disputed plot which he had let out to th
1989 MLD 3071 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
KANEEZ FATIMA VS KHALIL AHMED Constitution of Pakistan 1973--199 , ---S.13--Constitution of Pakistan (1973), Art. 199--eviction--Relationship of landlord and tenant, liability of--Oral and documentary evidence on record showed that actually respondent had built the house on the disputed plot which he had let out to the petitioner--Petitioner being tenant was liable to ejectment-Judgments o
1989 CLC 1651 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
ALTAF HUSSAIN VS MEHR BAKHSH West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--eviction proceedings--Procedure for--Natural justice, principles of--No set procedure has to be followed by Rent Controller--Any legal procedure could be followed by Rent Controller which would not offend against principles of natural justice.
1989 CLC 1529 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
MUHAMMAD TUFAIL VS FAQIR MUHAMMAD Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Code of Civil Procedure 1908--115 , Colonization of Government Lands (Punjab) Act 1912--10 , ---O.XXXIX, Rr. 1, 2 & S.115--Colonization of Government Lands (Punjab) Act (V of 1912), S. 10--Temporary injunction--Basic principles and essentials for grant of--Suit
1989 CLC 1529 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
MUHAMMAD TUFAIL VS FAQIR MUHAMMAD Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Code of Civil Procedure 1908--115 , Colonization of Government Lands (Punjab) Act 1912--10 , ---O.XXXIX, Rr. 1, 2 & S.115--Colonization of Government Lands (Punjab) Act (V of 1912), S. 10--Temporary injunction--Basic principles and essentials for grant of--Suit
1989 CLC 1529 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
MUHAMMAD TUFAIL VS FAQIR MUHAMMAD Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders ---O.XXXIX, Rr. 1, 2 & S.115--Colonization of Government Lands (Punjab) Act (V of 1912), S. 10--Temporary injunction--Basic principles and essentials for grant of--Suit
1989 CLC 1529 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
MUHAMMAD TUFAIL VS FAQIR MUHAMMAD Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Code of Civil Procedure 1908--115 , Colonization of Government Lands (Punjab) Act 1912--10 , ---O.XXXIX, Rr. 1, 2 & S.115--Colonization of Government Lands (Punjab) Act (V of 1912), S. 10--Temporary injunction--Basic principles and essentials for grant of--Suit
1989 CLC 1401 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
SHEERIN BAI MUHAMMAD ALI VS TASSADAQ MAHMOOD Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S. 17(2)(vi)--Ejectment on ground of reconstruction--Contention of tenant that sanction granted by Authority for one year having elapsed, the ground for eviction was no longer available--Held: Sanction of Authority for reconstruction of building was not precondi
1989 MLD 2482 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
BASCO ENTERPRISES (PVT.) LTD. VS MUHAMMAD SIDDIQUE Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Cantonments Rent Restriction Act 1963 ---Ss.17 & 27--eviction proceedings--Procedure and powers of Rent Controller--Rent Controller though not a Court, but acting as quasi judicial Authority while deciding valuable rights of parties is obliged to apply
1989 MLD 2482 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
BASCO ENTERPRISES (PVT.) LTD. VS MUHAMMAD SIDDIQUE Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Cantonments Rent Restriction Act 1963 ---Ss.17 & 27--eviction proceedings--Procedure and powers of Rent Controller--Rent Controller though not a Court, but acting as quasi judicial Authority while deciding valuable rights of parties is obliged to apply
1989 MLD 2377 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
INAYAT BIBI VS ADDITIONAL DISTRICT JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.2(b)(c)(i)--Relationship of landlord and tenant--Jurisdiction of Rent Controller--Issue pertaining to subsistence of relationship of landlord and tenant between parties directly depends on decision regarding title of property inv
1989 MLD 2170 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
PROVINCE OF THE PUNJAB VS MAQSOODA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--Proceedings under Ordinance being of quasi-judicial nature, Rent Controller while exercising jurisdiction under Ordinance has to act as a personal designate--Rent Controller can pass an order regarding eviction of tenant if he is sa
1989 MLD 927 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
ABDUR RASHID VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.13(3)(a)(u) & 15--Personal bona fide requirement--Proof--Landlord seeking ejectment of tenant from shop, clearly stated in his ejectment application that he required shop for b
1989 MLD 927 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
ABDUR RASHID VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.13(3)(a)(u) & 15--Personal bona fide requirement--Proof--Landlord seeking ejectment of tenant from shop, clearly stated in his ejectment application that he required shop for b
1989 MLD 112 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
MUHAMMAD NAFECS VS TARIQ MEHMOOD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 13--Premises rented out for 15 years which period had not expired on date when application was moved by landlord for ejectment of tenant--Such period, however, came to an end during trial of ejectment petition--eviction petition, held, could n
1989 MLD 15 LAHORE-HIGH-COURT-LAHORE
Punjab · 1989
MEHR ALLAH BAKHSH VS MST. AMTUL AZIZ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--eviction--Compromise--Five applications for ejectment were allowed on ground of non-payment of rent--Orders of eviction maintained in appeal on the oath taken by the landlady as had been offered by the petitioners--Held, it was difficul
1989 MLD 4739 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
INTIZAMUDDIN VS MUHAMMAD SALEEM CHOWHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 ---Ss.15(2)(ii) & 16(1)--Constitution of Pakistan (1973) Art.199--Tentative rent order--Constitutional jurisdiction, exercise of--Landlord filing ejectment application against tenant on ground of default in payment of rent and fi
1989 MLD 4739 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
INTIZAMUDDIN VS MUHAMMAD SALEEM CHOWHAN Constitution of Pakistan 1973--199 , ---Ss.15(2)(ii) & 16(1)--Constitution of Pakistan (1973) Art.199--Tentative rent order--Constitutional jurisdiction, exercise of--Landlord filing ejectment application against tenant on ground of default in payment of rent and filed application for tentative rent order-Rent Controller after holding preliminary enq
1989 MLD 4739 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
INTIZAMUDDIN VS MUHAMMAD SALEEM CHOWHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 ---Ss.15(2)(ii) & 16(1)--Constitution of Pakistan (1973) Art.199--Tentative rent order--Constitutional jurisdiction, exercise of--Landlord filing ejectment application against tenant on ground of default in payment of rent and fi
1989 CLC 1998 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
SHAFQAT VS SHAKOOR KHAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ---S.14--Ejectment on sole ground of attaining age of sixty years by landlord-Landlord after attaining age of sixty years had rented out another premises to sub-tenant thereof by changing receipt in favour of alleged sub-tenant-Contention of tenant that by accepting sub-tenant as his ten
1989 CLC 1467 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
KHURSHECDUL ISLAM VS QAMAR JAHAN Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 Ss. 2(f)(j) & 15(2)(ii)--eviction of tenant on ground of default--Existence of relationship of landlord and tenant--Proof--Tenant admittedly, was in occupation of premises in dispute prior to its transfer to donee landlord by its original owner through valid gift--Tenant denying
1989 CLC 1467 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
KHURSHECDUL ISLAM VS QAMAR JAHAN Sindh Rented Premises Ordinance 1979--15 , Ss. 2(f)(j) & 15(2)(ii)--eviction of tenant on ground of default--Existence of relationship of landlord and tenant--Proof--Tenant admittedly, was in occupation of premises in dispute prior to its transfer to donee landlord by its original owner through valid gift--Tenant denying title of landlord in respect of prem
1989 CLC 1445 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MUHAMMAD SIDDIQUE VS DARA GOTLA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(vi)(4)--eviction on ground of reconstruction--Repossession of evicted tenant--Landlord, getting premises vacated for reconstruction, although bound to provide a reasonable accommodation to evicted tenant after reconstruction but subject to that restriction, landlord was
1989 CLC 1285 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
LILY SIGN (PVT.) LTD. VS ONVCR KAMAL ISA Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 S.16(2)----Tenant failing to comply with Rent Controller's tentative rent order---- Tenant's defence struck off----Legality----Dispute as to quantum of rent----Rent Controller for the purpose of passing tentative rent order would not determine the question of quantum or
1989 CLC 1244 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MUHAMMAD SHARIF VS ABDUL LATIF Sindh Rented Premises Ordinance 1979--21 , Ss.15 & 21--Personal requirement--Default in payment of rent--Once landlord succeeded in proving default on part of tenant and Court is satisfied about it, landlord was entitled to get eviction on this ground.
1989 CLC 1244 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MUHAMMAD SHARIF VS ABDUL LATIF Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss.15 & 21--Personal requirement--Default in payment of rent--Once landlord succeeded in proving default on part of tenant and Court is satisfied about it, landlord was entitled to get eviction on this ground.
1989 CLC 1191 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ABDUL FATTAH VS GHULAM HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S.15--eviction applications allowed by striking off defence of tenants--Contention that landlord did not admit appellants as his tenants but trespassers, therefore, Rent Controller had no jurisdiction--Previous litigation between the parties and the admissions in written statement
1989 CLC 1185 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
FAQIR MUHAMMAD VS ZOHRA BAI ABDUL HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S.15--eviction--Jurisdiction--eviction applications were allowed by Rent Controller on the ground of default in payment of rent--Contention that landlord was transferred open plots and tenants having raised constructions thereon, relationship of landlord and tenants did
1989 CLC 1164 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
SHAHZAD KHAN VS ABDUL AZIZ KHAN Evidence Act 1872--155 , Evidence Act 1872 S.155 (3)--Civil Procedure Code (V of 1908), S.115--Revision-Admission in cross-examination--Effect--Suit for recovery of possession of demised premises with mesne profits decreed by Trial Court-Appellate Court maintained the decree for eviction of appellant but reversed the decree for mesne profits--Order challenge
1989 CLC 1164 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
SHAHZAD KHAN VS ABDUL AZIZ KHAN Code of Civil Procedure 1908--115 , S.155 (3)--Civil Procedure Code (V of 1908), S.115--Revision-Admission in cross-examination--Effect--Suit for recovery of possession of demised premises with mesne profits decreed by Trial Court-Appellate Court maintained the decree for eviction of appellant but reversed the decree for mesne profits--Order challenged-- Con
1989 CLC 1162 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
USMAN GHANI VS MUHAMMAD RAFIQ Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S.15--Default--Rent was first tendered by money orders and after the same had been refused it was deposited in Court--Held, there being no contest on this point Rent Controller, held, had rightly dismissed the eviction petitions.
1989 CLC 1033 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ZAKARIA VS PERVEEN ALI HAMID Limitation Act 1908--10 , Limitation Act 1908--11 , Limitation Act 1908--13 , Limitation Act 1908--14 , Limitation Act 1908--15 , Limitation Act 1908--16 , Limitation Act 1908--17 , Limitation Act 1908--18 , Limitation Act 1908--22 , Limitation Act 1908--29 , Limitation Act 1908--5 , Limitation Act 1908--9 , S.21--Limitation Act (IX of 1908), Ss.4, 5, 9 to 18,
1989 CLC 1033 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ZAKARIA VS PERVEEN ALI HAMID Limitation Act 1908--SCHI, 156 , ---S.21--Limitation Act (IX of 1908), Art.156--Appeal against eviction order--Limitation--Appeal to High Court from eviction order of Rent Controller is to be filed within thirty days although under Art.156 of Limitation Act, 1908, period of limitation for filing of appeal in High Court is ninety days--Right of appeal under Sind
1989 CLC 1033 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ZAKARIA VS PERVEEN ALI HAMID Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---S.21--Limitation Act (IX of 1908), Art.156--Appeal against eviction order--Limitation--Appeal to High Court from eviction order of Rent Controller is to be filed within thirty days although under Art.156 of Limitation Act, 1908, period of limitation for filing of appeal in High C
1989 CLC 1009 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
AHMAD SAEED VS KARAMAT ALI KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S.15--Default--Personal requirement--Misreading of evidence-Landlord's application for ejectment was allowed by Rent Controller on grounds of default in payment of rent and personal requirements-Tenant found to have paid-rent for the disputed periods by depositing the property ta
1989 CLC 994 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
RAHIMUDDIN VS MUNNY KHAN Sindh Rented Premises Ordinance 1979--21 , Ss.15 a 21-.-Default in payment of rent--Proof of--Where no receipts were being issued by the landlord in acknowledgement of receipt of rent, mere word of such landlord qua the words of tenant could not be given any more weight particularly when the landlord did not make mention of that fact of default in any of the coupon
1989 CLC 994 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
RAHIMUDDIN VS MUNNY KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss.15 a 21-.-Default in payment of rent--Proof of--Where no receipts were being issued by the landlord in acknowledgement of receipt of rent, mere word of such landlord qua the words of tenant could not be given any more weight particularly when the landlord did not make mention of that
1989 CLC 989 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ABDUL GHANI VS MARYAM Sindh Rented Premises Ordinance 1979--21 , Ss.15 & 21--Ejectment of tenant on ground of bona fide personal requirement--Allegations against landlady that she wanted to take forcible possession and that one of her relatives was prosecuted, would be of no relevance especially when no documentary evidence was placed on record forming background of litigation--Question of
1989 CLC 975 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
DILSHAD VS ABUL KALAM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--Ejectment--Personal requirement--Landlady requiring premises for her personal use--Tenant did not adduce any evidence in support of case setup by him in his written statement--Landlady did- not own any house and was residing in house of her mother alongwith her son having brothers
1989 CLC 969 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
KALSOOM BEGUM VS ELITE CONE INDUSTRIES Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 --S.14--Ejectment--Personal requirement--Landlady requiring premises for herself and her son--Landlady also had put up plea of unauthorised subletting, default and nuisance by tenant--Premises in dispute situated on ground floor and required to carry on business for earnin
1989 PLD 179 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ATIQUA KHATOON VS MUHAMMAD TAQUI Sindh Rented Premises Ordinance 1979--15 , S. 15--"Rent"--Definition of--eviction petition filed on ground of default in payment of electricity charges--Evidence of both parties being deficient in material particulars it was not possible to give a clear finding on the main issue--Case remanded with direction to record evidence whether alleged arrears were d
1989 CLC 947 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
SHAMSUDDIN VS HUSSAIN KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss.15 & 21--Ejectment--Default in payment of rent--Landlord filed ejectment application on around of default in payment of rent-- Landlord, however, failing to lead satisfactory and convincing evidence in support of allegations of default in payment of rent made in eviction applicatio
1989 CLC 947 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
SHAMSUDDIN VS HUSSAIN KHAN Sindh Rented Premises Ordinance 1979--21 , Ss.15 & 21--Ejectment--Default in payment of rent--Landlord filed ejectment application on around of default in payment of rent-- Landlord, however, failing to lead satisfactory and convincing evidence in support of allegations of default in payment of rent made in eviction application--Order of Rent Controller ejecting
1989 CLC 943 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ARIFA OURESHI VS ABDUL WAHEED OURESHI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--Ejectment--Personal requirement--Appreciation of evidence-Landlady living on first floor of demised premises seeking ejectment of tenant living on ground floor on plea of personal requirement for herself and her children--Landlady taking further pleas that she was
1989 CLC 682 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ABDUL HAKIM VS MUHAMMAD IRSHAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S.15--Ejectment--Relationship of landlord and tenant--Landlord filed ejectment application on ground of non-payment of rent and persona: requirement--Tenant in his written statement denying relationship of landlord and tenant but Rent Controller only framed and decided issues of d
1989 MLD 4531 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
FIDA ALI VS ABBAS BHAI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--Ejectment application--Personal requirement--Landlord filed eviction petition on ground of personal requirement on basis of allegation that shop in dispute was in fact constructed in a passage which was intended to have been used by occupant of building and that since adjacent pl
1989 MLD 4529 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
FAZLE ABBAS VS MAHMOOD HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ---Ss.2, 5 & 15--eviction petition--Relationship of landlord and tenant--Rent Controller after hearing of arguments of parties found that relationship of landlord and tenant did not exist between parties and dismissed rent application-Tena
1989 CLC 549 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MUHAMMAD SIDDIQ PERVEZ VS INAYAT ALI Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S.14--Provisions of subsection (2) of S.14 of Ordinance disentitling landlord to evict tenant not to be read in isolation from subsection (1) thereof--Personal requirement of landlord who retired from service--Landlord seeking ejectment of tenant sufficiently proved that he
1989 MLD 4269 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
YOUSUF VS MUHAMMAD BASHIR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 18--eviction petition--Relationship of landlord and tenant--Notice under S. 18--Evidence of landlord and admissions made by tenant showed that tenant entered into an agreement of tenancy with ancestor of landlord and thereafter ten
1989 MLD 4269 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
YOUSUF VS MUHAMMAD BASHIR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 18--eviction petition--Relationship of landlord and tenant--Notice under S. 18--Evidence of landlord and admissions made by tenant showed that tenant entered into an agreement of tenancy with ancestor of landlord and thereafter ten
1989 MLD 3882 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MUHAMMAD ALI VS E.H. ELAHI ALVI Code of Civil Procedure 1908--9 , ---Ss. 10, 11 & 30--Civil Procedure Code (V of 1908), S.9--Suit for possession and mesne profits--Maintainability--Petitioner was tenant of Custodian of Evacuee Property and paid rent of property to Custodian--Property was transferred to respondents by Settlement Authorities and PTD issued m their favour and their names were
1989 MLD 3882 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MUHAMMAD ALI VS E.H. ELAHI ALVI Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958--11 , Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Displaced Persons (Compensation and Rehabilitation) Act 1958 ---Ss. 10, 11 & 30--Civil Procedure Code (V of 1908), S.9--Suit for possession and mesne profits--
1989 MLD 3882 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MUHAMMAD ALI VS E.H. ELAHI ALVI Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958--11 , Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Displaced Persons (Compensation and Rehabilitation) Act 1958 ---Ss. 10, 11 & 30--Civil Procedure Code (V of 1908), S.9--Suit for possession and mesne profits--
1989 CLC 517 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
WAHABUN NISA VS ABDUL SATTAR Sindh Rented Premises Ordinance 1979--5 , Sindh Rented Premises Ordinance 1979 Ss.5, 6 & 14--Agreement of lease, nature of--Tenant resisted his eviction on the strength of agreement of tenancy which recited that tenant would not be evicted from disputed premises under any circumstances--Unregistered agreement admittedly was executed on non-judicial stamp paper
1989 CLC 517 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
WAHABUN NISA VS ABDUL SATTAR Sindh Rented Premises Ordinance 1979--6 , Ss.5, 6 & 14--Agreement of lease, nature of--Tenant resisted his eviction on the strength of agreement of tenancy which recited that tenant would not be evicted from disputed premises under any circumstances--Unregistered agreement admittedly was executed on non-judicial stamp paper and no period of tenancy was provided
1989 MLD 3603 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
AISHA BAI VS TAQI TRADING CORPORATION Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 21--eviction petition--Reconstruction--Building plan for reconstruction of premises required by landlady, was first approved by Building Control Authority but later on approval was suspended and litigation ensued with s
1989 MLD 3603 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
AISHA BAI VS TAQI TRADING CORPORATION Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 21--eviction petition--Reconstruction--Building plan for reconstruction of premises required by landlady, was first approved by Building Control Authority but later on approval was suspended and litigation ensued with s
1989 MLD 3592 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
HASSAN VS Mst. UMMATUL FATIMA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 16--Default in payment of rent and plea of personal requirement by landlord--Tenant contended that due to lack of address of landlord and practice of collecting lump sum rent by landlord he had not committed default but sent mo
1989 MLD 3592 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
HASSAN VS Mst. UMMATUL FATIMA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 16--Default in payment of rent and plea of personal requirement by landlord--Tenant contended that due to lack of address of landlord and practice of collecting lump sum rent by landlord he had not committed default but sent mo
1989 MLD 3585 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
Hajiani HANIFA BIBI VS HALIM BAI alias PURI BAI Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 14 & 15--Personal requirement--Landlady making application under section 14 on ground of being a widow and retired personnel--Landlady was however, in occupation of a portion of residential building owned by her--I
1989 MLD 3585 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
Hajiani HANIFA BIBI VS HALIM BAI alias PURI BAI Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 14 & 15--Personal requirement--Landlady making application under section 14 on ground of being a widow and retired personnel--Landlady was however, in occupation of a portion of residential building owned by her--I
1989 MLD 3581 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
AZIZULLAH KHAN VS NAZIR AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S. 15--Personal requirement--Landlord seeking eviction of tenant on ground of growing need of his family members who had reached marriagable ages--Wife of landlord also a cardiac patient who required proper accommodation--Marriage of landlord's sons also held up for want of acco
1989 MLD 3560 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ZIAUDDIN VS AHMAD ASHRAF Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S. 15--Default in payment of rent--Version of tenant that landlord was in the habit of collecting accumulated rent for two or three months was neither proved nor supported by document on record--Tenant's plea of enhancement of rent was also found to be devoid of force--Rent was not t
1989 MLD 3501 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
RAFIQUNISA VS SHAHABUDDIN Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 ---S. 16--Striking off defence--Tentative Rent Order passed by Rent Controller not complied with by tenant and no satisfactory explanation was given for non compliance thereof--Tenant disputed rate of rent and contended that it was Rs.120 per month and not Rs., 300-Tenant claimed that
1989 MLD 3390 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MASOODA BEGUM VS TAHWAR HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--Personal bona fide requirement--Landlady had inducted tenant when all her children were minors and accommodation in her possession was sufficient for their need at that time--Children were now grown up and one son got married and had four daughters--Landlady as her own w
1989 CLC 475 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
RASHID AHMAD VS ZIKER Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(iii)(b)(c)--Conversion of premises--Proof--User of premises at time when landlord purchased building from original owner or at any subsequent time as a residential premises had not been established by landlord--Disputed premises in said building no doubt appeared to have been me
1989 MLD 2785 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
NATIONAL BANK OF PAKISTAN VS BILQUIS BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--Ejectment--Landlady claiming that portion of first floor of demised premises which was also occupied by, tenant was not included in tenancy agreement which was arrived between the parties and that said portion was to be surrendered by tenant to her--Subject-ma
1989 MLD 2468 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MUHAMMAD USMAN HAJRA BI TRUST VS HAJI MUHAMMAD AND BROTHERS West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13-A & 13--Sind Rented Premises Ordinance (XVII of 1979)--S.21--eviction petition--Default in payment of rent--Petition rejected by Rent Controller on ground
1989 MLD 2468 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MUHAMMAD USMAN HAJRA BI TRUST VS HAJI MUHAMMAD AND BROTHERS West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13-A & 13--Sind Rented Premises Ordinance (XVII of 1979)--S.21--eviction petition--Default in payment of rent--Petition rejected by Rent Controller on ground
1989 MLD 2468 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MUHAMMAD USMAN HAJRA BI TRUST VS HAJI MUHAMMAD AND BROTHERS Sindh Rented Premises Ordinance 1979--21 , ---S.13-A & 13--Sind Rented Premises Ordinance (XVII of 1979)--S.21--eviction petition--Default in payment of rent--Petition rejected by Rent Controller on ground that tenant had no notice of transfer of property and that notice under section 13-A of Rent Ordinance, 1959 was not given to
1989 MLD 2166 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
A.B. AISHA VS SULTAN AHMAD TAHIR Sindh Rented Premises Ordinance 1979--15 , ---S. 15--eviction application was filed on behalf of landlord by an attorney who was not properly, validly and legally constituted general attorney for purpose of the case and it was not within scope of his authority to file case or sign ejectment application or even to give evidence on behalf of landlord--Rent ap
1989 MLD 1875 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
GIGA PATEL VS SIDDIQUE Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss.16(1)(2) & 21(1)--Non-compliance of tentative rent order--Condonation-Power of Rent Controller--Tenant not complying with tentative rent order, committed delay in depositing of future rent--Rent Controller dismissed landlords' application f
1989 MLD 1875 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
GIGA PATEL VS SIDDIQUE Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss.16(1)(2) & 21(1)--Non-compliance of tentative rent order--Condonation-Power of Rent Controller--Tenant not complying with tentative rent order, committed delay in depositing of future rent--Rent Controller dismissed landlords' application f
1989 MLD 1786 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
M.S. THARIANI VS YOUSUF West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.15--West Pakistan Urban Rent Restriction Ordinance (VI of 1959); S.13-Default in payment of rent--Tenant not in arrears when application for eviction was filed against him--Rent Controller failing to evaluate effect of payments which were made by tenant in miscellaneous application--Rent Controller also
1989 MLD 1786 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
M.S. THARIANI VS YOUSUF Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--West Pakistan Urban Rent Restriction Ordinance (VI of 1959); S.13-Default in payment of rent--Tenant not in arrears when application for eviction was filed against him--Rent Controller failing to evaluate effect of payments which were made by tenant in miscellaneous application-
1989 CLC 405 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ABDUL SHAKOOR VS ABDUL TAHIR KHAN Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S.21--Martial Law Order (Zone 'C') No. 20---Staternent under-Effect--Tenancy of rented premises between parties expired in 1978-Appellant complained to Martial Law Authorities against his eviction where he gave undertaking to vacate premises by a specified date-Landlord respond
1989 MLD 1174 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ABDUL RAHIM VS NOOR JEHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 2--Ejectment application--Oral agreement of tenancy--Validity-Default--Relationship of landlord and tenant--Rent Controller rejected application for eviction of tenant on ground that there existed no relationship of landlord and tena
1989 MLD 1174 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ABDUL RAHIM VS NOOR JEHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 2--Ejectment application--Oral agreement of tenancy--Validity-Default--Relationship of landlord and tenant--Rent Controller rejected application for eviction of tenant on ground that there existed no relationship of landlord and tenant
1989 MLD 1162 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
HABIT) BANK LTD. VS HABIB COOPERATIVE CREDIT SOCIETY Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21--Personal bona ride requirement--Landlord, failing to set up in his eviction petition specific case as to how and in what manner and for what purpose premises in question was proposed to be utilized by hi
1989 MLD 1162 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
HABIT) BANK LTD. VS HABIB COOPERATIVE CREDIT SOCIETY Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21--Personal bona ride requirement--Landlord, failing to set up in his eviction petition specific case as to how and in what manner and for what purpose premises in question was proposed to be utilized by hi
1989 MLD 1151 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ABDUL KHALIQ VS MUHAMMAD YASCEN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--Personal bona fide requirement--Landlord having a large family consisting of seventeen members including three major sons, one of whom married and two to be married--Evidence produced by landlord showing that eviction petition had not been filed to pressurise tenant or to
1989 MLD 612 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
PAKISTAN INDUSTRIAL GASES CO. LTD. VS SALEH Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.14 & 15--Joinder of causes of action--Landlord can seek eviction in one application on grounds available to him both under Ss.14 & 15--Court cannot consider such application to be suffering from misjoinder of causes of action-When a party approaches the Court for
1989 MLD 601 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
Mst. HAWA BAI VS Mst. RASHIDA KHATOON Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(iii)--Subletting--Proof--Waiver--Landlord seeking ejectment on ground that original tenant had sublet premises without his consent--Landlord failed to take action against both tenant and alleged sub-tenant for their eviction for a period of over 11 years--Right of
1989 MLD 571 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ZAMAN KHAN VS MUHAMMAD YASIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S. 15(2) (vii)--Personal bona fide requirement--Proof--Family of landlord seeking eviction of tenant on ground of personal bona fide requirement consisted on seventeen members out of whom one son of landlord was married and had three children while remaining two sons were of marria
1989 MLD 349 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MUHAMMAD BASHIR VS SHAUKAT ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(iv)(v)--Ejectment on ground of nuisance and damage to premises-Tenant, who was bound to pay electricity charges of whole building failed to pay said charges and for that non-payment electricity of other shops was also disconnected--Disconnection of electric connection due
1989 CLC 294 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
BABOO VS S.M. RAFI Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979 ---Ss. 10 & 15(2)(ii)--Modes of payment of rent--Due date for payment--Determination of--Where no date for payment of rent is fixed by mutual agreement between landlord and tenant--Tenant can pay rent at best by 10th of following month for which rent is due, but in such a case landlord will not
1989 CLC 260 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ABDUL GHAFFAR VS GULREZ PASHA Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979 Ss.13 & 15(2)(vi)--Ejectment of tenant on ground of reconstruction of building--Conversion of nature of building--Requirements--Landlord could not be allowed to convert existing nature of building from residential-cum-commercial to residential alone, without claiming eviction on grou
1989 CLC 260 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
ABDUL GHAFFAR VS GULREZ PASHA Ss.13, 14 & 15--Ejectment sought on ground of reconstruction of premises--Mode of eviction of tenant stated.
1989 PLD 102 KARACHI-HIGH-COURT-SINDH
Sindh · 1989
MAJOR ABDUL AHAD KHAN VS MUHAMMAD IQBAL West Pakistan Urban Rent Restriction Ordinance 1959--17 , S. 17--Civil Procedure Code (V of 1908), S.47--eviction order by Rent Controller--Execution of application for eviction order filed in Executing Court--Tenant filing fresh agreement of tenancy as a bar to execution proceedings--Effect--Tenant's plea of fresh tenancy advanced before Executing Cou
1988 SCMR 427 SUPREME-COURT
Supreme Court · 1988
MAHMOOD BASHIR VS MUBINA BEGUM Sindh Rented Premises Ordinance 1979--21 , ---Ss.16(2) & 21--Non-compliance with order to deposit rent-- Effect-Ejectment on account of failure to deposit rent as ordered by Rent Controller, challenged--Plea that arrears of rent were deposited in another case filed by tenant-appellant against respondent's husband, not entertained--Rent Controller specifically d
1988 SCMR 401 SUPREME-COURT
Supreme Court · 1988
ABDUL HAMID VS GHULAM RASUL Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --Ss.13(3)(a)(ii)(a) & 15--Constitution of Pakistan (1973), S.199-Ejectment-- Constitutional jurisdiction, exercise of--Misreading of record and conjectural findings by Appellate Court- -Ejectment on ground of per
1988 SCMR 401 SUPREME-COURT
Supreme Court · 1988
ABDUL HAMID VS GHULAM RASUL Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --Ss.13(3)(a)(ii)(a) & 15--Constitution of Pakistan (1973), S.199-Ejectment-- Constitutional jurisdiction, exercise of--Misreading of record and conjectural findings by Appellate Court- -Ejectment on ground of per
1988 SCMR 401 SUPREME-COURT
Supreme Court · 1988
ABDUL HAMID VS GHULAM RASUL Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --Ss.13(3)(a)(ii)(a) & 15--Constitution of Pakistan (1973), S.199-Ejectment-- Constitutional jurisdiction, exercise of--Misreading of record and conjectural findings by Appellate Court- -Ejectment on ground of per
1988 SCMR 396 SUPREME-COURT
Supreme Court · 1988
BEGUM LAILA SARFARAZ VS NOOR MUHAMMAD Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(3) & 21--Constitution of Pakistan (1973) Art. 185(3)--Ejectment on ground of reconstruction--Tenant occupying residential flat on ground floor--eviction ordered with direction that a residential flat on first floor of buildi
1988 SCMR 396 SUPREME-COURT
Supreme Court · 1988
BEGUM LAILA SARFARAZ VS NOOR MUHAMMAD Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(3) & 21--Constitution of Pakistan (1973) Art. 185(3)--Ejectment on ground of reconstruction--Tenant occupying residential flat on ground floor--eviction ordered with direction that a residential flat on first floor of buildi
1988 PLD 734 SUPREME-COURT
Supreme Court · 1988
PARVAIZ AKHTAR VS MUHAMMAD AHSAN Cantonments Rent Restriction Act 1963--17 , S. 17(4) (b)??eviction application??Commercial building??Premises required fbr personal need was not required by all the three owners jointly but only by one of them??Effect??Held, one of the landlords could take advantage of S.17(4)(b) particularly, when the other co?sharers had joined him in seeking eviction of th
1988 SCMR 270 SUPREME-COURT
Supreme Court · 1988
ZAHIDA ZAIDI VS JAMALUDDIN AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13(3)(a)(ii)--Ejectment--Scheduled building--Personal need of landlord--Ejectment on ground of personal need--Premises in dispute used by tenant, a medical practitioner, as residence and maternity hospital--Order of ejectment impugned--Plea that tenant could only be ejected if landlord bona fide r
1988 SCMR 261 SUPREME-COURT
Supreme Court · 1988
NATIONAL TRAVELS VS ABDUL QAYYUM Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Arts. 185(3) & 199--Ejectment proceedings on grounds of default in payment of rent and personal need of landlord--Rent Controller rejecting ejectment application but appellate authority r
1988 SCMR 261 SUPREME-COURT
Supreme Court · 1988
NATIONAL TRAVELS VS ABDUL QAYYUM Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Arts. 185(3) & 199--Ejectment proceedings on grounds of default in payment of rent and personal need of landlord--Rent Controller rejecting ejectment application but appellate authority r
1988 SCMR 246 SUPREME-COURT
Supreme Court · 1988
LIAQAT ALI VS SETTLEMENT COMMISSIONER (LAND), MULTAN Constitution of Pakistan 1973--185 , Displaced Persons (Land Settlement) Act 1958--10 , ---S.10---Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine. the question whether the appellants could resist their eviction on ground that the claim of the deceased predecessor had been calculated at the wrong rate, despi
1988 SCMR 246 SUPREME-COURT
Supreme Court · 1988
LIAQAT ALI VS SETTLEMENT COMMISSIONER (LAND), MULTAN Constitution of Pakistan 1973--185 , Displaced Persons (Land Settlement) Act 1958--10 , ---S.10---Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine. the question whether the appellants could resist their eviction on ground that the claim of the deceased predecessor had been calculated at the wrong rate, despi
1988 SCMR 80 SUPREME-COURT
Supreme Court · 1988
BILQUIS REHMAN VS ANJUM HAMEED Sindh Rented Premises Ordinance 1979--14 , --Ss. 14 & 21--Ex parte order of eviction--Service of tenant for proceedings before Rent Controller not proved--Ex parte order held, was liable to be set aside. ---Ss. 14 & 21--Proceedings under S.14 for the benefit of a widow-Spirit of the relevant provisions, held, demanded that they should be concluded without lengt
1988 SCMR 80 SUPREME-COURT
Supreme Court · 1988
BILQUIS REHMAN VS ANJUM HAMEED 1985 C L C 316, Sindh Rented Premises Ordinance 1979--21 , --Ss. 14 & 21--Proceedings under S. 14 for the benefit of a widow--Ex parte order of eviction--Service of tenant for proceedings before Rent Controller not proved--High Court in appeal remanded the case to Rent Controller for decision on merit--High Court should have had examined the pleas then raised by
1988 SCMR 2096 SUPREME-COURT
Supreme Court · 1988
RAHIMUDDIN VS NAZIRUDDIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Ejectment proceedings--eviction application moved against tenant failed on the basis of an alleged agreement of sale, with observation that landlord could seek other remedies--Suit for possession was then filed against tenant which was decreed--Tenant, after having lost before Civil Court, according t
1988 SCMR 1907 SUPREME-COURT
Supreme Court · 1988
ISLAM COAL CO. VS GHULAM RASOOL Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss.13(6) & 15--Constitution of Pakistan (1973),Art.185(3)- Ejectment--Tentative rent order--Default in deposit of future monthly rent--Rent Controller refusing to strike off defence of tenant because defaul
1988 SCMR 1907 SUPREME-COURT
Supreme Court · 1988
ISLAM COAL CO. VS GHULAM RASOOL Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss.13(6) & 15--Constitution of Pakistan (1973),Art.185(3)- Ejectment--Tentative rent order--Default in deposit of future monthly rent--Rent Controller refusing to strike off defence of tenant because defaul
1988 SCMR 1907 SUPREME-COURT
Supreme Court · 1988
ISLAM COAL CO. VS GHULAM RASOOL Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss.13(6) & 15--Constitution of Pakistan (1973),Art.185(3)- Ejectment--Tentative rent order--Default in deposit of future monthly rent--Rent Controller refusing to strike off defence of tenant because defaul
1988 SCMR 1869 SUPREME-COURT
Supreme Court · 1988
ABDUL GHAFOOR RISHI VS RAZA MUHAMMAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---S.15(6)--Ejectment on ground of personal need--Landlord obtaining possession of other accommodation during pendency of appeal--Effect of--Question arising whether accommodation which came into possession of landlord during pendency of appeal of respondent before High Court, along with other
1988 SCMR 1832 SUPREME-COURT
Supreme Court · 1988
ABDUL SAMAD VS GHULAM RASOOL Constitution of Pakistan 1973--185 , ---S..13(6)--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to examine contention of appellant-tenant that his explanation for non-compliance of order of Rent Controller to deposit current rent having been accepted by Rent Controller in view of some alleged ambiguity in order, High Court was not justi
1988 PLD 91 SUPREME-COURT
Supreme Court · 1988
MUHAMMAD RAFIQ VS MUHAMMAD ISMAIL Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , S. 13(3)--Constitution of Pakistan (1973), Arts. 185(3) & 199-Ejectment proceedings on grounds of reconstruction and personal requirement of landlords--Contentions of petitioners counsel (i) that landlords had got vacated several shops belonging to them and had rented them out to other
1988 PLD 91 SUPREME-COURT
Supreme Court · 1988
MUHAMMAD RAFIQ VS MUHAMMAD ISMAIL West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)??Constitution of Pakistan (1973), Arts. 185(3) & 199?Ejectment proceedings on grounds of reconstruction and personal requirement of landlords??Contentions of petitioner's counsel (i) that landlords had got vacated several shops belonging to them and had rented them out to other tenants at dif
1988 SCMR 1619 SUPREME-COURT
Supreme Court · 1988
NASIM AHMAD KHAN VS NIAZ AKHTAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S.13--Default--View that nothing else but documentary evidence alone can satisfy with regard to payment of rent is erroneous.--S.13--eviction--Proceedings before Councillor or the Local Anjuman find no recognition in the law and could not be invoked against the statutory provisions for getting the ten
1988 SCMR 1619 SUPREME-COURT
Supreme Court · 1988
NASIM AHMAD KHAN VS NIAZ AKHTAR Constitution of Pakistan 1973--185 , --S.13--Constitution of Pakistan (1973), Art-185(3)--Leave to appeal granted to examine questions (i) that the appellate authority bad misread the judgment of the Rent Controller; (ii) teat the Rent Controller had recorded a positive and categorical finding after discussing the evidence; (iii) that the appellate authority h
1988 SCMR 1587 SUPREME-COURT
Supreme Court · 1988
MUHAMMAD SHARIF VS NISAR AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Ejectment sought on ground of personal bona fide requirement--Contentions by tenant that as landlords had other shops belonging to them, therefore, they could not have sought eviction of the tenant on ground of personal requirement; that it was not mentioned in the application of landlords that
1988 SCMR 1575 SUPREME-COURT
Supreme Court · 1988
MATLOOB VS SAEEDA KHATOON Sindh Rented Premises Ordinance 1979--2 , ---S.2--Tenancy--Mere enhancement of rent or alteration of terms and conditions of tenancy would not tantamount to creation of new tenancy--In order to constitute a fresh tenancy, it must be shown to have been terminated by an order of eviction passed by Rent Controller.
1988 SCMR 1402 SUPREME-COURT
Supreme Court · 1988
ABDUL RAHIM VS MEHTAB AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Ejectment, ground for--eviction urged by landlord had been accepted as genuine--Tenant made request for some time to vacate the shop--Supreme Court, ordinarily without hearing the other side does not accept such a prayer, but tenant was heard on the issue and .it was observed by the Court that Exec
1988 SCMR 1397 SUPREME-COURT
Supreme Court · 1988
MUHAMMAD IQBAL VS MUHAMMAD BOOTA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.I3--Ejectment of tenant--All the Courts below up to the High Court had rendered findings of fact against the tenant in so far as the ground for eviction was concerned--Such findings did not suffer from any infirmity--Interference declined by Supreme Court.
1988 SCMR 1344 SUPREME-COURT
Supreme Court · 1988
TAJ DIN VS SHAKOOR AHMAD Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185(3)--eviction order was passed by Rent Controller and affirmed in First and Second Appeals--Partition suit in respect of the property pending-Findings of fact by all Courts below were against the tenant--No justification was
1988 SCMR 1344 SUPREME-COURT
Supreme Court · 1988
TAJ DIN VS SHAKOOR AHMAD Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185(3)--eviction order was passed by Rent Controller and affirmed in First and Second Appeals--Partition suit in respect of the property pending-Findings of fact by all Courts below were against the tenant--No justification was
1988 SCMR 1343 SUPREME-COURT
Supreme Court · 1988
ABDUL RAZZAQ VS SHUKRIA PARVEEN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185 (3)--Order of eviction passed by Rent Controller was affirmed in appeal and constitutional petition having been dismissed, review application also failed-Statement made by petitioner's counsel that civil litigation a
1988 SCMR 1343 SUPREME-COURT
Supreme Court · 1988
ABDUL RAZZAQ VS SHUKRIA PARVEEN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185 (3)--Order of eviction passed by Rent Controller was affirmed in appeal and constitutional petition having been dismissed, review application also failed-Statement made by petitioner's counsel that civil litigation a
1988 SCMR 1250 SUPREME-COURT
Supreme Court · 1988
KHURSHID AHMAD VS ADDITIONAL DISTRICT JUDGE III, RAHIMYAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Petitioner tenant challenging order of High Court declining to interfere in order of eviction against him in exercise of constitutional jurisdiction--Tenant conceding that order of eviction had already been executed and that he was no more in possession--Tenant st
1988 SCMR 1241 SUPREME-COURT
Supreme Court · 1988
BASHIR AHMAD VS DISTRICT JUDGE, FAISALABAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Petition for leave to appeal--Petitioner tenant having already been physically evicted challenging his eviction, but unable to press any ground for grant of leave to appeal and praying for an observation by Supreme Court to the effect that his suit regarding title should not be affec
1988 SCMR 1186 SUPREME-COURT
Supreme Court · 1988
SHER MAST KHAN VS MUHAMMAD DYAR KHAN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13(6)--Constitution of Pakistan (1973), Art. 185 (3)--Ejectment-Striking off defence--Relationship of landlord and tenant, denial of-Assumption of jurisdiction by Rent Controller--Tenant failing to cross-examine landlord's witnesses--His defence struck off
1988 SCMR 1186 SUPREME-COURT
Supreme Court · 1988
SHER MAST KHAN VS MUHAMMAD DYAR KHAN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13(6)--Constitution of Pakistan (1973), Art. 185 (3)--Ejectment-Striking off defence--Relationship of landlord and tenant, denial of-Assumption of jurisdiction by Rent Controller--Tenant failing to cross-examine landlord's witnesses--His defence struck off
1988 SCMR 1009 SUPREME-COURT
Supreme Court · 1988
PREM MASIH VS IRSHAD MASIH Contract Act 1872--10 , ---Ss.16 & 21-,Constitution of Pakistan (1973), Art.185(3)-Ejectment--Non-compliance of order to deposit rent--Such noncompliance mere technical as rent was already deposited in connected proceedings--Rent Controller's order to deposit arrears of rent-Tenants depositing rent in Court in connected miscellaneous proceedings between same partie
1988 SCMR 993 SUPREME-COURT
Supreme Court · 1988
MUHAMMAD BASHIR VS RIAZ HUSSAIN Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , ---Ss.16 & 21-,Constitution of Pakistan (1973), Art.185(3)-Ejectment--Non-compliance of order to deposit rent--Such noncompliance mere technical as rent was already deposited in connected proceedings--Rent Controller's order to deposit arrears of rent-Tenants depositing rent in Court in
1988 SCMR 970 SUPREME-COURT
Supreme Court · 1988
ABDULLAH GHANGHRO VS TAHIRA BEGUM Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , ---Ss.16 & 21-,Constitution of Pakistan (1973), Art.185(3)-Ejectment--Non-compliance of order to deposit rent--Such noncompliance mere technical as rent was already deposited in connected proceedings--Rent Controller's order to deposit a
1988 SCMR 970 SUPREME-COURT
Supreme Court · 1988
ABDULLAH GHANGHRO VS TAHIRA BEGUM Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , ---Ss.16 & 21-,Constitution of Pakistan (1973), Art.185(3)-Ejectment--Non-compliance of order to deposit rent--Such noncompliance mere technical as rent was already deposited in connected proceedings--Rent Controller's order to deposit a
1988 SCMR 970 SUPREME-COURT
Supreme Court · 1988
ABDULLAH GHANGHRO VS TAHIRA BEGUM Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , ---Ss.16 & 21-,Constitution of Pakistan (1973), Art.185(3)-Ejectment--Non-compliance of order to deposit rent--Such noncompliance mere technical as rent was already deposited in connected proceedings--Rent Controller's order to deposit a
1988 SCMR 819 SUPREME-COURT
Supreme Court · 1988
QAMRUDDIN VS HAKIM MAHMOOD KHAN Sindh Rented Premises Ordinance 1979--15 , ---S.15--Personal requirement--Shop--Landlord need not disclose ail properties which he had rented out to other tenants--All that he was required to show to Court was that he needed shop of a particular tenant for his personal use, and choice was his as to suitability of said shop which he required for his personal us
1988 SCMR 798 SUPREME-COURT
Supreme Court · 1988
FAZAL KARIM & SONS VS FAYYAZ AKBAR Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ---S.17(2)(vi)--Constitution of Pakistan (1973), Art. 185(3)--Ejectment for reconstruction--Requirement of landlord has to be in good faith and bona fide--Ejectment on ground of reconstruction, challenged--Plea raised that question of reasonableness and good faith being relevan
1988 SCMR 798 SUPREME-COURT
Supreme Court · 1988
FAZAL KARIM & SONS VS FAYYAZ AKBAR Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ---S.17(2)(vi)--Constitution of Pakistan (1973), Art. 185(3)--Ejectment for reconstruction--Requirement of landlord has to be in good faith and bona fide--Ejectment on ground of reconstruction, challenged--Plea raised that question of reasonableness and good faith being relevan
1988 SCMR 772 SUPREME-COURT
Supreme Court · 1988
ISMAIL VS SHER BANO Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , ---S.21--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted inter alia to consider as to whether High Court had erred in reversing finding of Rent Controller on issue regarding alleged default in payment of rent which was decided in favour of tenant particularly when no c
1988 SCMR 772 SUPREME-COURT
Supreme Court · 1988
ISMAIL VS SHER BANO Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , ---S.21--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted inter alia to consider as to whether High Court had erred in reversing finding of Rent Controller on issue regarding alleged default in payment of rent which was decided in favour of tenant particularly when no c
1988 SCMR 633 SUPREME-COURT
Supreme Court · 1988
ABDUL SATTAR SHAH VS ALI AHMAD Sindh Rented Premises Ordinance 1979--19 , ---Ss.16 & 19--Ejectment proceedings--Striking off defence--Rent Controller striking off defence of tenant on his failure to appear and file written statement on date fixed by High Court while passing order of remand--Contention of counsel of landlord that the tenant was guilty of negligence and in terms of S.19(2) Ren
1988 PLD 16 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1988
SHER MUHAMMAD VS ABDULLAH KHAN Baluchistan Rent Control Regulation 1945--RGLN. , Regln. 7--Default in' payment of rent--Non-payment of rent for eighteen months admitted by tenant in his statement--Effect--Statement of tenant confirming non-payment and attempting to flout authority and entitlement of landlord to receive rent, by itself, held, was sufficient proof regarding default committed b
1988 PLD 1 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1988
M. C. B. VS KARIM BAKHTIAR West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15--Appeal against eviction--Issue about default not framed by Trial Court--Effect--Where property had been transferred to new owners and such new owners failed to serve notice on tenant on acquisition ,of ownership, eviction for default, held, could not straightaway be ordered without framing of issue ab
1988 PLD 1 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1988
M. C. B. VS KARIM BAKHTIAR West Pakistan Urban Rent Restriction Ordinance 1959--13-A , S 13-A--Transfer of ownership of property during subsistence o1 tenancy--Service 1 notice upon tenant by new owner mandatory-- Effect of non-service of such notice--Where ownership of premises had been transferred by way f sale, gift, inheritance or in any other manner, new owner, held, must send imitation
1988 CLC 2007 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
ASGHAR ALI VS RENT CONTROLLER, LAHORE Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , --S.13--Evacuee Property and Displaced Persons Laws (Repeal) Act (XI V of 1975) , S.2 (2)--eviction petition--Lower Court below on basis of evidence produced coming to conclusion that shop in question was administered by Evacuee Trust Property Board--Such findings of Courts below neither
1988 CLC 2007 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
ASGHAR ALI VS RENT CONTROLLER, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 --S.13--Evacuee Property and Displaced Persons Laws (Repeal) Act (XI V of 1975) , S.2 (2)--eviction petition--Lower Court below on basis of evidence produced coming to conclusion that shop in question was administered by Evacuee Trust Property Bo
1988 CLC 1997 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
SAEEDA BEGUM VS NAZIR AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--eviction petition--Premises let out for residential purposes but same was converted by tenant for purpose of trade--Terms of tenancy violated--Findings of Appellate Court below dismissing eviction petition based on misreading of evidence--Order of
1988 CLC 1940 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
TARIQ JAVED VS ADDITIONAL DISTRICT JUDGE, GUJRAT Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 2(c), 13 & 15??Constitution of Pakistan (1973), Art.199?Ejectment proceedings??Contention of petitioner that unless preliminary question of existence of relationship of landlord and tenant
1988 CLC 1940 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
TARIQ JAVED VS ADDITIONAL DISTRICT JUDGE, GUJRAT Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 2(c), 13 & 15??Constitution of Pakistan (1973), Art.199?Ejectment proceedings??Contention of petitioner that unless preliminary question of existence of relationship of landlord and tenant
1988 CLC 1940 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
TARIQ JAVED VS ADDITIONAL DISTRICT JUDGE, GUJRAT West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 2(c), 13 & 15??Constitution of Pakistan (1973), Art.199?Ejectment proceedings??Contention of petitioner that unless preliminary question of existence of relationship of landlord and tenant was decided by Rent Controller, Rent Contro
1988 CLC 1839 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
BABAR IQBAL VS ADDITIONAL DISTRICT JUDGE, LAHORE Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Constitution of Pakistan (1973), Art. 199--Tenant filing Constitutional petition against eviction order passed against him by Rent Controller and affirmed by Appellate Authority--During arguments before High Court, parties entered int
1988 CLC 1839 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
BABAR IQBAL VS ADDITIONAL DISTRICT JUDGE, LAHORE Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Constitution of Pakistan (1973), Art. 199--Tenant filing Constitutional petition against eviction order passed against him by Rent Controller and affirmed by Appellate Authority--During arguments before High Court, parties entered int
1988 CLC 1839 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
BABAR IQBAL VS ADDITIONAL DISTRICT JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss. 13 & 15--Constitution of Pakistan (1973), Art. 199--Tenant filing Constitutional petition against eviction order passed against him by Rent Controller and affirmed by Appellate Authority--During arguments before High Court, part
1988 CLC 1022 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
JAMES GILL VS DURREH SHAHWAR Cantonments Rent Restriction Act 1963--24 , ---Ss. 17 & 24--eviction proceedings--Relationship of landlord and tenant--Tenant denying relationship of landlord and tenant between parties alleged that he himself had constructed house in dispute-Inconsistency, however, existed between his version made in that respect in his written statement and one bolstered up dur
1988 CLC 1022 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
JAMES GILL VS DURREH SHAHWAR Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---Ss. 17 & 24--eviction proceedings--Relationship of landlord and tenant--Tenant denying relationship of landlord and tenant between parties alleged that he himself had constructed house in dispute-Inconsistency, however, existed between his version made in that respect in his writ
1988 MLD 1674 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
MUHAMMAD YAQOOB VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(3)(1)(a)--eviction on ground of bona fide personal need of landlord and his family--Person holding property could be evicted for need of child of landlord but not otherwise--No eviction could be granted on ground of need of son o
1988 MLD 1467 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
Ch. GHULAM NABI VS Ch. ABDUL RAZZAQ KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 13 (6)--eviction proceedings--Default in payment of rent--Striking off defence--Rent Controller directing tenant to deposit arrears of rent and also deposit future rent before 15th of each succeeding month but on his failure to do so str
1988 MLD 1326 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
ASSISTANT COMMISSIONER,GUJRANWALA VS PARVAIZ AKHTAR Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S.17--Ejectment--Shop--Owner of shop, mother of appellants, making a Tamleeknama of gift in respect of 2/3rd of shop in favour of his sons--Tamleek conferred complete title on donees and even if they were precluded from actually partitioning of property an
1988 MLD 1266 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
MUHAMMAD YOUNIS VS DISTRICT JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----Ss.13 & 15--Ejectment proceedings--Rent Controller while accepting eviction application failing to record his finding on one of issues framed by him--District Judge on appeal taking serious note of the fact that matter had become very old having been repeatedly remanded and finding that ev
1988 MLD 1266 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
MUHAMMAD YOUNIS VS DISTRICT JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss.13 & 15--Ejectment proceedings--Rent Controller while accepting eviction application failing to record his finding on one of issues framed by him--District Judge on appeal taking serious note of the fact that matter had become very old
1988 MLD 772 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
ABDUL QADEER VS ADDITIONAL DISTRICT JUDGE, FAISALABAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13(6)--Deposit of rent, order of--Relationship of landlord and tenant when established, Rent Controller, held, was duty bound to pass order regarding deposit of past as well as future rent--Such direction, held further, wa
1988 CLC 444 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
MUHAMMAD YUSAF VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(3)(a)(ii)??Default in payment of rent??Compromise deed entered into between tenant and original landlord of premises in dispute clearly showed intention of parties that tenant could not be ousted from premises either by original landl
1988 CLC 402 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
MUHAMMAD ANWAR KHAN VS ASGHAR ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 --S. 13--Transfer of Property Act (IV of 1882), S. 53-A--Agreement to sell between parties in respect of house--Transferee put in possession of house on payment of certain advance amount as per terms of agreement--Agreement to sell failing to materia
1988 CLC 402 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
MUHAMMAD ANWAR KHAN VS ASGHAR ALI Transfer of Property Act 1882--53-A , --S. 13--Transfer of Property Act (IV of 1882), S. 53-A--Agreement to sell between parties in respect of house--Transferee put in possession of house on payment of certain advance amount as per terms of agreement--Agreement to sell failing to materialize into sale transaction--Owner/transferor filing rent proceedings aga
1988 CLC 318 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
ALI MUHAMMAD VS GHULAM MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--Ejectment of tenant--Premises being evacuee property transferred to landlord as industrial concern--Such property leased out by landlord to lessee as -Where empty premises fit for running a factory were leased out, provisions of Ordinance in r
1988 CLC 318 LAHORE-HIGH-COURT-LAHORE
Punjab · 1988
ALI MUHAMMAD VS GHULAM MUHAMMAD Constitution of Pakistan 1973--199 , S. 13--Constitution of Pakistan (1973), Art. 199--Constitutional jurisdiction, exercise of--eviction of lessee from leased property--Order of ejectment passed against lessee in appeal by Court having jurisdiction thereto, held, could not be set aside in constitutional jurisdiction of High Court on ground of lack of jurisdic
1988 PLD 619 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
IMRAN ANSARI VS MUHAMMAD RIFATULLAH ALVI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(g) & 15(2)(vii)--eviction on ground of personal use--Personal use--Scope--Brothers and sisters of landlord and their children not included in definition of "personal use"--Premises, therefore, could not be acquired for their benefit--When premises was in occupat
1988 PLD 619 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
IMRAN ANSARI VS MUHAMMAD RIFATULLAH ALVI Sindh Rented Premises Ordinance 1979--PREAMBLE , Preamble & S. 14--Summary procedure--Ordinance, ,a special law, purpose of which is expeditious disposal of case without any delay-Remedy under S.14 being extra special remedy where eviction was to be granted by following summary procedure, no particular procedure, held, was prescribed for the reason th
1988 PLD 619 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
IMRAN ANSARI VS MUHAMMAD RIFATULLAH ALVI Sindh Rented Premises Ordinance 1979--14 , S. 14--eviction on ground of retirement--Relief under S. 14 being special relief for benefit of landlord and procedure having also been shortened with object of providing relief to landlord as promptly and expeditiously as possible, it was incumbent upon landlord to provide satisfactory evidence in support of
1988 PLD 369 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
MUHAMMAD ALAM VS SULTAN SHAH Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21-- Ejectment of tenant --Requirement of premises for personal need --Landlord's failure to prove bona fides of personal requirement-- Effect--Landlord, in eviction application had stated that he wanted premises for his own use--Landlord, in evidence shifted his plea by stating that he wanted premises for his s
1988 PLD 369 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
MUHAMMAD ALAM VS SULTAN SHAH Sindh Rented Premises Ordinance 1979--15 , S. 15-- Ejectment of tenant on ground of nuisance-- Burden to prove-- eviction of tenant when to be granted-- Where eviction was sought by landlord on ground of nuisance, he had to prove that tenant had indulged into activities which were causing nuisance to Neighbors --Landlord has to establish fact of nuisance by produ
1988 CLC 2332 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
SIDDIQUE TAILOR VS STATE LIFE INSURANCE CORPORATION. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15, 19, 20 & 21--eviction proceeding--Interlocutory orders--Appeal against--Interlocutory order of Rent Controller, restoring case, dismissed by him for non-prosecution having effect of final order, held, could be attacked by aggrieved party in appellate ju
1988 CLC 2332 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
SIDDIQUE TAILOR VS STATE LIFE INSURANCE CORPORATION. Sindh Rented Premises Ordinance 1979--21 , West Pakistan General Clauses Act 1956--20 , Ss. 15, 19, 20 & 21--eviction proceeding--Interlocutory orders--Appeal against--Interlocutory order of Rent Controller, restoring case, dismissed by him for non-prosecution having effect of final order, held, could be attacked by aggrieved party in appe
1988 CLC 2332 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
SIDDIQUE TAILOR VS STATE LIFE INSURANCE CORPORATION. Sindh Rented Premises Ordinance 1979--21 , West Pakistan General Clauses Act 1956--20 , Ss. 15, 19, 20 & 21--eviction proceeding--Interlocutory orders--Appeal against--Interlocutory order of Rent Controller, restoring case, dismissed by him for non-prosecution having effect of final order, held, could be attacked by aggrieved party in appe
1988 CLC 2310 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
HABIB BANK LTD. VS THAL JUTE MILLS LTD. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2) (vii)--Petition for eviction of tenant on ground of personal bona fide need--Demand of higher rent--Effect on plea of personal bona fide requirement--Demand of higher rent by itself would not cast any doubts about personal bona fide requirement of landlord if fact
1988 CLC 2310 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
HABIB BANK LTD. VS THAL JUTE MILLS LTD. Sindh Rented Premises Ordinance 1979--12 , Sindh Rented Premises Ordinance 1979 S. 12 (2) (vii)--eviction of tenant on ground of personal requirement--Where eviction' was sought on ground of personal requirement, it was not necessary to- give all details in eviction application--Objection on part of tenant to that effect not taken earlier in written st
1988 CLC 2164 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
VAIM METAL AND PLASTIC WORKS VS AZRA VAQAR Code of Civil Procedure 1908--12 , S. 21--Civil Procedure Code (V of 1908), S.12 (2)--eviction application against tenants allowed by Rent Controller--- Appeal against eviction dismissed by Appellate Court--Appellant filed application under S.12 (2), Civil Procedure Code. before Appellate Court which had decided rent appeal, taking plea that he in f
1988 CLC 2164 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
VAIM METAL AND PLASTIC WORKS VS AZRA VAQAR Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21--Civil Procedure Code (V of 1908), S.12 (2)--eviction application against tenants allowed by Rent Controller--- Appeal against eviction dismissed by Appellate Court--Appellant filed application under S.12 (2), Civil Procedure Code. before Appellate Court which had
1988 CLC 2145 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
ABU NASR FAIZI VS ABDUL AZIZ Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S. 14--eviction of tenant on ground of retirement of landlord-Object of serving notice to tenant is to inform tenant that landlord having qualified, intended to invoke provision of S.14 and premises was required for his personal use--Such steps having been taken by landlord, his evict
1988 CLC 2145 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
ABU NASR FAIZI VS ABDUL AZIZ Sindh Rented Premises Ordinance 1979--15-A , Ss. 14 & 15-A--eviction of tenant on ground of retirement of landlord--Safeguard for tenant--Plea of landlord that he required premises for his personal use on ground that he had retired from service--Such plea has to be determined in context of provision of S.15-A, which enabled a tenant to regain possession from his
1988 CLC 2063 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
QADRI BROTHERS FOUNDRY AND WORKSHOP VS SAFIA Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S. 14 as amended by Sind Rented Premises (Amendment) Ordinance (XII of 1980) ]--eviction of tenant on basis of retirement--Omission of time limit for seeking relief of ejectment--Effect--Persons who had retired from service or had attained age of sixty years or widow,
1988 CLC 2051 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
AKHTARI BEGUM VS MUHAMMAD YAMIN Sindh Rented Premises Ordinance 1979--16 , Ss. 15 & 16(1)(2)--eviction of tenant--Striking off defence-Manadatory provision of S. 16, held, was to be complied with very rigidly because consequence of non-compliance thereof, would be very serious and would result in straight eviction of tenant--Tenant's failure to comply with tentative rent order rendered his d
1988 CLC 2051 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
AKHTARI BEGUM VS MUHAMMAD YAMIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 16(1)(2)--eviction of tenant--Striking off defence-Manadatory provision of S. 16, held, was to be complied with very rigidly because consequence of non-compliance thereof, would be very serious and would result in straight eviction of tenant--Tenant's failure to comply wit
1988 CLC 1703 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
ADAM AHMAD THAQIA VS MUHAMMAD HANIF Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 21--Ejectment--Default in payment of rent--Waiver-Landlord knowingly relinquished his right to apply for ejectment when tenancy agreement was in existence during which four defaults were committed--After expiry of tenancy agreement two defaults were committed and la
1988 CLC 1261 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
MOTSONS VS TRUSTEES OF THE PORT OF KARACHI Port Authorities Lands and Buildings (Recovery of Possession) Ordinance 1962--4 , Port Authorities Lands and Buildings (Recovery of Possession) Ordinance 1962--5 , Port Authorities Lands and Buildings (Recovery of Possession) Ordinance 1962--9 , Ss. 3, 4, 5 & 9--Determination and revocation of lease or licence-Mode of--Port Authorities Lands and Bui
1988 CLC 1261 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
MOTSONS VS TRUSTEES OF THE PORT OF KARACHI Port Authorities Lands and Buildings (Recovery of Possession) Ordinance 1962--3 , Port Authorities Lands and Buildings (Recovery of Possession) Ordinance 1962 Ss. 3, 4, 5 & 9--Determination and revocation of lease or licence-Mode of--Port Authorities Lands and Buildings (Recovery of Possession) Ordinance, 1962 being special law and later in time wou
1988 CLC 1041 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
NOOR AHMAD VS IMRAN AHMED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 21--Ejectment of tenant--Plea of personal bona fide requirement how to be established--Application for ejectment neither disclosed nor made out a case with regard to business sought to be carried on in demised premises, nor it specifically mentioned about availability of requ
1988 CLC 1041 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
NOOR AHMAD VS IMRAN AHMED Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15 & 21--Ejectment of tenant--Plea of personal bona fide requirement how to be established--Application for ejectment neither disclosed nor made out a case with regard to business sought to be carried on in demised premises, nor it specifically mentioned about availability of requisite funds to set up any new busines
1988 CLC 963 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
M. SALEEM FAROOQUI VS SAEED MUHAMMAD BASHIR Sindh Rented Premises Ordinance 1979--16 , ---Ss. 15(2)(ii) & 16(1)--Ejectment on ground of default in payment of rent for period subsequent to filing of ejectment application--Power of Rent Controller--Legislature has not conferred upon Rent Controller an unbridled power to order eviction for default in payment of rent for period subsequent to mak
1988 CLC 963 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
M. SALEEM FAROOQUI VS SAEED MUHAMMAD BASHIR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15(2)(ii) & 16(1)--Ejectment on ground of default in payment of rent for period subsequent to filing of ejectment application--Power of Rent Controller--Legislature has not conferred upon Rent Controller an unbridled power to order eviction for default in payment
1988 MLD 1636 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
Messrs Khalifa MUHAMMAD MIAN AZIZ KHAN VS NOOR MUHAMMAD Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 & 21(1)--Appellate jurisdiction, exercise of--eviction order passed by Rent Controller based on proper appreciation of facts and evidence produced by parties, held, would not call for interference.
1988 MLD 1583 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
ATAUR REHMAN VS Sheikh KHUSHI MUHAMMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21--Ejectment--Landlord can select any one of several buildings owned by him for his needs and this choice has to be made by him alone--Where another building owned by landlord fell vacant and landlord did not occupy same, he must assign reason for not doing so--B
1988 MLD 1583 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
ATAUR REHMAN VS Sheikh KHUSHI MUHAMMAD Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 & 21--Ejectment--Landlord can select any one of several buildings owned by him for his needs and this choice has to be made by him alone--Where another building owned by landlord fell vacant and landlord did not occupy same, he must assign reason for not doing so--Burden, in such circumstances, would b
1988 MLD 1412 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
AKBER ALI VS ABDUL MAJID Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2)(vii) & 21(1)--Personal bona fide requirement--Proof--Landlord who was admittedly carrying on his respective business since 25 years without shop. did not disclose details of business he was intending to start in disputed premises--Landlord failed to give reasons as to why he did not approach tenant to vacate shop
1988 MLD 1043 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
Haji ABDUL RASHEED VS FIDA HUSSAIN Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 & 21--Default in payment of rent--Tenant's mother co-sharer of property in question and tenant had been paying rent to her since long--Dispute existing between her and respondent landlord and a civil suit was pending—Respondent landlord had refused to receive rent on ground that tenant's mother was maligni
1988 MLD 1043 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
Haji ABDUL RASHEED VS FIDA HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21--Default in payment of rent--Tenant's mother co-sharer of property in question and tenant had been paying rent to her since long--Dispute existing between her and respondent landlord and a civil suit was pending—Respondent landlord had refused to receive rent on gr
1988 MLD 1013 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
AMEER KHAN VS MUBARAK ALI KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(vii)--Personal bona fide requirement--Proof--Respondent/landlord during pendency of appeal of appellant/tenant against eviction order, admittedly got vacated another shop from other tenant and instead of occupying same, disposed that of--Landlord, held, failed to prove th
1988 MLD 606 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
ABDUL KHALIQ VS NASIR JAVED KHAN Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---S. 21(1)--Limitation Act (IX of 1908), S. 3--Appeal against eviction order--J Limitation--Appeal from eviction order riled after expiry of period of limitation of thirty days prescribed under S. 21(1) of Ordinance, 1979, held, was liable to be dismissed as time-barred.
1988 MLD 606 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
ABDUL KHALIQ VS NASIR JAVED KHAN Limitation Act 1908--3 , ---S. 21(1)--Limitation Act (IX of 1908), S. 3--Appeal against eviction order--J Limitation--Appeal from eviction order riled after expiry of period of limitation of thirty days prescribed under S. 21(1) of Ordinance, 1979, held, was liable to be dismissed as time-barred.
1988 MLD 324 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
Messrs MUKKARAM PRESS VS DEWAN METHARAM DHARMADA TRUST Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15, 19 & 21(1)--eviction proceedings--Setting aside of ex parte order--After remand of case by Appellate Court to Rent Controller, Court motion notices were duly served on parties and parties thereafter continued to appear before Rent Controller-
1988 MLD 324 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
Messrs MUKKARAM PRESS VS DEWAN METHARAM DHARMADA TRUST Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15, 19 & 21(1)--eviction proceedings--Setting aside of ex parte order--After remand of case by Appellate Court to Rent Controller, Court motion notices were duly served on parties and parties thereafter continued to appear before Rent Controller--Landl
1988 MLD 308 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
HASAN IQBAL VS FARHAD HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S. 15(2) (ii)--Default in payment of rent--Proof of--Landlord himself admitted that in fact there was no default in payment of rent on part of tenant at time of presenting ejectment application against him, but urged that for certain period tenant committed irregularity in payment
1988 CLC 636 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
SHAUKAT ALI VS NOOR BIBI Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979 Ss. 13 & 15(2)--Transfer of Property Act (IV of 1882), S.111(g)-Where lessee renounced his character as such by setting up a title in third person or by claiming title of property in him, lease of such property would be determined under clause (g) of S.111, Transfer of Property Act, 1882-
1988 CLC 636 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
SHAUKAT ALI VS NOOR BIBI Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 Ss. 2(f)(j) & 15--eviction proceedings--Relationship of landlord and tenant--Denial of--Case of denial of tenancy, held, could be divided into two categories viz. one category would be of cases in which no inquiry was required to be held for rejecting plea of denial of tenancy, while in ot
1988 CLC 636 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
SHAUKAT ALI VS NOOR BIBI Transfer of Property Act 1882--111 , Ss. 13 & 15(2)--Transfer of Property Act (IV of 1882), S.111(g)-Where lessee renounced his character as such by setting up a title in third person or by claiming title of property in him, lease of such property would be determined under clause (g) of S.111, Transfer of Property Act, 1882--No such resort, held, could be had to clau
1988 CLC 636 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
SHAUKAT ALI VS NOOR BIBI Ss. 2(f)(j) & 15--eviction proceedings--Relationship of landlord and tenant--Denial of--Case of denial of tenancy, held, could be divided into two categories viz. one category would be of cases in which no inquiry was required to be held for rejecting plea of denial of tenancy, while in other category inquiry would be necessary--In cases falling into first category in
1988 MLD 244 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
Mulla GHULAM ALI KADARJI VS AZIZ AKBAR ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S. 15--Default in payment of rent--Rent deposited by tenant but receipt not produced before Rent Controller--Tenant could not be treated as a defaulter for technical non-compliance of procedure namely non-production of receipt-eviction of tenant was dependent on a fin
1988 MLD 210 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
PAKISTAN BURMAH SHELL LTD. VS KHALIL AHMAD Sindh Rented Premises Ordinance 1979--15 , ---Preamble & S.15--Object of Ordinance--Main object of Ordinance, is to make effective provisions for regulation of relations between landlords and tenants and to protect their interests m respect of rented premises and not to confer any new right of eviction on landlords--Ordinance pre-supposes existence
1988 MLD 210 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
PAKISTAN BURMAH SHELL LTD. VS KHALIL AHMAD Sindh Rented Premises Ordinance 1979--21 , ---Ss. 13, 15 & 21(3)--eviction of tenant--No tenant, l , would be evicted from premises in his possession, except in accordance with provisions of Ordinance (XVII of 1979)--Party aggrieved by eviction order passed by Rent Controller, could prefer appeal under S.21 and decision therein would be final.
1988 MLD 210 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
PAKISTAN BURMAH SHELL LTD. VS KHALIL AHMAD Sindh Rented Premises Ordinance 1979--6 , ---Ss. 5, 6, 13 & 15--Transfer of Property Act (IV of 1882), S.111--eviction of tenant--Question of eviction of tenant, held, would come into picture only on expiry of period mentioned in registered lease deed and so long as contractual period of tenancy was subsisting, question of landlord evicting tenant f
1988 MLD 210 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
PAKISTAN BURMAH SHELL LTD. VS KHALIL AHMAD Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979 ---Ss. 13, 15 & 21(3)--eviction of tenant--No tenant, l , would be evicted from premises in his possession, except in accordance with provisions of Ordinance (XVII of 1979)--Party aggrieved by eviction order passed by Rent Controller, could prefer appeal under S.21 and d
1988 MLD 130 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
MUHAMMAD SOHAIL VS Dr. SAEED AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S. 15--Default in payment of rent--Facts and circumstances of case making it clear that tenant made all efforts to pay rent but he was overcautious to make such payment to proper legal heirs of deceased landlady--Intention of tenant was otherwise bona fide and default was nei
1988 CLC 311 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
MUMTAZ RIAZ VS MASOOD SIDDIQUI Cantonments Rent Restriction Act 1963--24 , Ss. 17 & 24 [as amended by Cantonments Rent Restriction (Amendment) Ordinance (IX of 1985) ]??Ejectment??Application for eviction inter alia, on ground of default in payment of rent??Tenant denying relationship of landlord and tenant??Rent Controller deciding preliminary issue regarding relationship of landlord and te
1988 CLC 311 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
MUMTAZ RIAZ VS MASOOD SIDDIQUI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 Ss. 17 & 24 [as amended by Cantonments Rent Restriction (Amendment) Ordinance (IX of 1985) ]??Ejectment??Application for eviction inter alia, on ground of default in payment of rent??Tenant denying relationship of landlord and tenant??Rent Controller deciding preliminary issue reg
1988 CLC 70 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
BATUL FIDA HUSSAIN SHAIKHA VS BURMA OIL MILLS LTD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss. 13 & 15--Ejectment of tenant on ground of default--Practice to pay rent after every three or four months on receipt of demand notice on behalf of landlord--Non-receipt of demand notice on behalf of landlord resulting in default
1988 CLC 70 KARACHI-HIGH-COURT-SINDH
Sindh · 1988
BATUL FIDA HUSSAIN SHAIKHA VS BURMA OIL MILLS LTD West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Ejectment of tenant on ground of default--Practice to pay rent after every three or four months on receipt of demand notice on behalf of landlord--Non-receipt of demand notice on behalf of landlord resulting in default in payment of rent--Effect--Duty of tenant is to pa
1987 SCMR 611 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD HAIDER ZAIDI VS ABDUL HAFEEZ Constitution of Pakistan 1973--185 , Industrial Dispute--TERM , Sindh Rented Premises Ordinance 1979--14 , --Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), Ss.2(f) & 14--'Landlord' definition of--Ejectment--Landlord gifting away demised premises to his wife, continued receiving rent from tenant and on retirement sought ejectment on ground of
1987 SCMR 611 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD HAIDER ZAIDI VS ABDUL HAFEEZ Constitution of Pakistan 1973--185 , Industrial Dispute--TERM , Sindh Rented Premises Ordinance 1979--14 , --Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), Ss.2(f) & 14--'Landlord' definition of--Ejectment--Landlord gifting away demised premises to his wife, continued receiving rent from tenant and on retirement sought ejectment on ground of
1987 SCMR 611 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD HAIDER ZAIDI VS ABDUL HAFEEZ Constitution of Pakistan 1973--185 , Industrial Dispute--TERM , Sindh Rented Premises Ordinance 1979--14 , --Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), Ss.2(f) & 14--'Landlord' definition of--Ejectment--Landlord gifting away demised premises to his wife, continued receiving rent from tenant and on retirement sought ejectment on ground of
1987 SCMR 596 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD ASHFAQ AHMAD VS MUHAMMAD ZUBAIR Constitution of Pakistan 1973--185 , ---Art. 185(3)--Penal Code (XLV of 1860), S. 302/324/325--Enhancement of sentence--Occurrence taking place over eviction of residential quarters--No resistance offered by accused party in the beginning and one quarter got vacated peacefully--Evidence showing that there was scuffle in which accused received injuries
1987 SCMR 580 SUPREME-COURT
Supreme Court · 1987
ABDUL HAMEED VS MUHAMMAD ISLAM SIDDIQUI Constitution of Pakistan 1973--185 , Industrial Dispute--TERM , Sindh Rented Premises Ordinance 1979--16 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of1979), S.16(2)--Ejectment--Tentative order for deposit of rent--Failure to comply with--Non-reading of evidence-- Ejectment on ground of default challenged--Contention that rent for relevant m
1987 SCMR 580 SUPREME-COURT
Supreme Court · 1987
ABDUL HAMEED VS MUHAMMAD ISLAM SIDDIQUI Constitution of Pakistan 1973--185 , Industrial Dispute--TERM , Sindh Rented Premises Ordinance 1979--16 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of1979), S.16(2)--Ejectment--Tentative order for deposit of rent--Failure to comply with--Non-reading of evidence-- Ejectment on ground of default challenged--Contention that rent for relevant m
1987 SCMR 580 SUPREME-COURT
Supreme Court · 1987
ABDUL HAMEED VS MUHAMMAD ISLAM SIDDIQUI Constitution of Pakistan 1973--185 , Industrial Dispute--TERM , Sindh Rented Premises Ordinance 1979--16 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of1979), S.16(2)--Ejectment--Tentative order for deposit of rent--Failure to comply with--Non-reading of evidence-- Ejectment on ground of default challenged--Contention that rent for relevant m
1987 SCMR 579 SUPREME-COURT
Supreme Court · 1987
REHMATULLAH VS MRS. ALIA Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--2 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(2)(i)--Ejectment on ground of default--Plea that respondent landlord used to collect rent of several months in lump sum and did not intentionally collect same to create ground for default, not established--Bu
1987 SCMR 579 SUPREME-COURT
Supreme Court · 1987
REHMATULLAH VS MRS. ALIA Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--2 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(2)(i)--Ejectment on ground of default--Plea that respondent landlord used to collect rent of several months in lump sum and did not intentionally collect same to create ground for default, not established--Bu
1987 SCMR 389 SUPREME-COURT
Supreme Court · 1987
UMME KHATOON VS UMME SALMA Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2)--Ejectment application--Grounds of personal need and default-eviction ordered on ground of default alone--High Court's order setting aside ejectment, impugned--Leave to appeal granted to consider contention that non-
1987 SCMR 389 SUPREME-COURT
Supreme Court · 1987
UMME KHATOON VS UMME SALMA Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2)--Ejectment application--Grounds of personal need and default-eviction ordered on ground of default alone--High Court's order setting aside ejectment, impugned--Leave to appeal granted to consider contention that non-
1987 SCMR 378 SUPREME-COURT
Supreme Court · 1987
ABDUL SAMAD SIRAJUDDIN VS MUHAMMAD KHAWAJA Constitution of Pakistan 1973--185 , Ejectment--TERM , Sindh Rented Premises Ordinance 1979--15 , Waiver--TERM , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2)--Ejectment--Default--Waiver of--Leave to appeal granted to consider contentions that consent order passed in Distress Warrant proceedings allowing payment of arrears o
1987 SCMR 378 SUPREME-COURT
Supreme Court · 1987
ABDUL SAMAD SIRAJUDDIN VS MUHAMMAD KHAWAJA Constitution of Pakistan 1973--185 , Ejectment--TERM , Sindh Rented Premises Ordinance 1979--15 , Waiver--TERM , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2)--Ejectment--Default--Waiver of--Leave to appeal granted to consider contentions that consent order passed in Distress Warrant proceedings allowing payment of arrears o
1987 SCMR 378 SUPREME-COURT
Supreme Court · 1987
ABDUL SAMAD SIRAJUDDIN VS MUHAMMAD KHAWAJA Constitution of Pakistan 1973--185 , Ejectment--TERM , Sindh Rented Premises Ordinance 1979--15 , Waiver--TERM , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2)--Ejectment--Default--Waiver of--Leave to appeal granted to consider contentions that consent order passed in Distress Warrant proceedings allowing payment of arrears o
1987 SCMR 378 SUPREME-COURT
Supreme Court · 1987
ABDUL SAMAD SIRAJUDDIN VS MUHAMMAD KHAWAJA Constitution of Pakistan 1973--185 , Ejectment--TERM , Sindh Rented Premises Ordinance 1979--15 , Waiver--TERM , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2)--Ejectment--Default--Waiver of--Leave to appeal granted to consider contentions that consent order passed in Distress Warrant proceedings allowing payment of arrears o
1987 SCMR 307 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD YOUSAF VS DISTRICT JUDGE, RAWALPINDI West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (3) (a)(ii)--Landlord receiving Pugree--Effect of--Bona fide personal need--Ejectment on ground of personal need--Challenged-Plea that landlord having received amount as Pugree at time of letting out shop to
1987 SCMR 2074 SUPREME-COURT
Supreme Court · 1987
ABDUL AZIZ VS RENT CONTROLLER West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(iv) & (5)--Ejectment on ground of reconstruction or material alteration of the property--When owner of a building seeks eviction of the tenant on the ground of reconstruction, the only condition that he is required to fulfil is to produce a copy of duly sanctioned plan of the proposed building
1987 SCMR 2052 SUPREME-COURT
Supreme Court · 1987
KABIRUDDIN A.LALANI VS ZAFAR ISHAQ ANSARI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , ---Ss. 14, 15 & 16--Constitution of Pakistan (1973), Art. 185(3)-Ejectment on ground of non-payment of rent--Non-deposit of rent-eviction--Leave to appeal granted to consider contentions
1987 SCMR 2052 SUPREME-COURT
Supreme Court · 1987
KABIRUDDIN A.LALANI VS ZAFAR ISHAQ ANSARI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , ---Ss. 14, 15 & 16--Constitution of Pakistan (1973), Art. 185(3)-Ejectment on ground of non-payment of rent--Non-deposit of rent-eviction--Leave to appeal granted to consider contentions
1987 SCMR 2052 SUPREME-COURT
Supreme Court · 1987
KABIRUDDIN A.LALANI VS ZAFAR ISHAQ ANSARI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , ---Ss. 14, 15 & 16--Constitution of Pakistan (1973), Art. 185(3)-Ejectment on ground of non-payment of rent--Non-deposit of rent-eviction--Leave to appeal granted to consider contentions
1987 SCMR 1818 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD AMIN VS SAFIA BEGUM Constitution of Pakistan 1973--185 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Constitution of Pakistan (1973), Art. 185(3)-Ejectment--Consent decree on joint prayer--Personal need and re-construction of premises--Bona fide of personal requirement-Ejectment
1987 SCMR 1818 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD AMIN VS SAFIA BEGUM Constitution of Pakistan 1973--185 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Constitution of Pakistan (1973), Art. 185(3)-Ejectment--Consent decree on joint prayer--Personal need and re-construction of premises--Bona fide of personal requirement-Ejectment
1987 SCMR 1818 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD AMIN VS SAFIA BEGUM Constitution of Pakistan 1973--185 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Constitution of Pakistan (1973), Art. 185(3)-Ejectment--Consent decree on joint prayer--Personal need and re-construction of premises--Bona fide of personal requirement-Ejectment
1987 SCMR 1818 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD AMIN VS SAFIA BEGUM Constitution of Pakistan 1973--185 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Constitution of Pakistan (1973), Art. 185(3)-Ejectment--Consent decree on joint prayer--Personal need and re-construction of premises--Bona fide of personal requirement-Ejectment
1987 SCMR 1788 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD AKRAM VS MUHAMMAD ZAR Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(6)--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider whether High Court was justified, in the facts of the case. in setting aside order of Rent Controller striking off defence of tenants and directing ejectment, on ground that
1987 SCMR 1788 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD AKRAM VS MUHAMMAD ZAR Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(6)--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider whether High Court was justified, in the facts of the case. in setting aside order of Rent Controller striking off defence of tenants and directing ejectment, on ground that
1987 SCMR 1654 SUPREME-COURT
Supreme Court · 1987
ASHRAF ALI VS ABDUL HAMID West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(1)--Constitution of Pakistan (1973), Art. 185(3)-Ejectment--Default in payment of rent--Ejectment ordered by Rent Controller--Non-reading of evidence--Order set aside in appeal--Plea that wilful non-payment of rent to landlord, challenging his entitlement to receive rent and its deposit in Court w
1987 SCMR 1628 SUPREME-COURT
Supreme Court · 1987
DILBAR HUSSAIN VS MAHMOODUL HASAN Code of Civil Procedure 1908--96 , ---Art. 185(3)--Civil Procedure Code (V of 1908), S. 96--Sale of immovable property--eviction of licensee occupant--Petitioner occupying suit property as licensee filed suit for declaration that sale of said property in favour of respondents was contrary to law and they had no legal right to evict him from suit property--Su
1987 SCMR 1591 SUPREME-COURT
Supreme Court · 1987
AMIR MUHAMMAD VS NAIK MUHAMMAD Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--35 , ---Art. 185--Civil Procedure Code (V of 1908), O. XXI, R. 35(2)-Decree for joint possession--Plaint in suit showing that the plaintiffs had prayed that the possession may be taken from the appellant and delivered to them which clearly meant a decree for eviction--Counsel for plaint
1987 SCMR 1488 SUPREME-COURT
Supreme Court · 1987
ABDUL RAHMAN GORA VS ASYA SULTANA Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 14, 15 & 21--Constitution of Pakistan (1973), Art. 185(3)-Ejectment proceedings--High Court dismissing petitioner's appeal and upholding order of Rent Controller directing petitioner's ev
1987 SCMR 1488 SUPREME-COURT
Supreme Court · 1987
ABDUL RAHMAN GORA VS ASYA SULTANA Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 14, 15 & 21--Constitution of Pakistan (1973), Art. 185(3)-Ejectment proceedings--High Court dismissing petitioner's appeal and upholding order of Rent Controller directing petitioner's ev
1987 SCMR 1488 SUPREME-COURT
Supreme Court · 1987
ABDUL RAHMAN GORA VS ASYA SULTANA Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 14, 15 & 21--Constitution of Pakistan (1973), Art. 185(3)-Ejectment proceedings--High Court dismissing petitioner's appeal and upholding order of Rent Controller directing petitioner's ev
1987 SCMR 1313 SUPREME-COURT
Supreme Court · 1987
INAYAT ULLAH VS ZAHOOR-UD-DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13--Default in payment of rent for 2 months--Wilful default-Record showing that landlord deliberately created difficulties in the way of tenants by not accepting the rent in the hope that some omission or slip on the part of the tenants may enable him to carve out a ground for their eviction--Conduc
1987 SCMR 1250 SUPREME-COURT
Supreme Court · 1987
QADAR GUL VS ALI REHMAN Constitution of Pakistan 1973--199 , ---Arts. 185(3) & 199--North-West Frontier Province Tenancy Act (XXV of 1950), Ss. 23 & 40--None of the Authorities or Courts had, at any stage, referred to any law for adjoining the relief claimed or for passing the orders which were passed in the case--Authorities though upheld that tenants were not liable to eviction but by refe
1987 SCMR 1227 SUPREME-COURT
Supreme Court · 1987
GUL MUHAMMAD VS STATE Appreciation of Evidence--TERM , Pakistan Penal Code 1860--148 , Pakistan Penal Code 1860--149 , Pakistan Penal Code 1860--302 , Pakistan Penal Code 1860--307 , Pakistan Penal Code 1860--447 , Pakistan Penal Code 1860--448 , ---Ss. 302, 307, 447, 448, 148 & 149--Appreciation of evidence-Police party had gone to assist to get the land vacated by force and had encircled d
1987 SCMR 1227 SUPREME-COURT
Supreme Court · 1987
GUL MUHAMMAD VS STATE Appreciation of Evidence--TERM , Pakistan Penal Code 1860--148 , Pakistan Penal Code 1860--149 , Pakistan Penal Code 1860--302 , Pakistan Penal Code 1860--307 , Pakistan Penal Code 1860--447 , Pakistan Penal Code 1860--448 , ---Ss. 302, 307, 447, 448, 148 & 149--Appreciation of evidence-Police party had gone to assist to get the land vacated by force and had encircled d
1987 SCMR 1227 SUPREME-COURT
Supreme Court · 1987
GUL MUHAMMAD VS STATE Appreciation of Evidence--TERM , Pakistan Penal Code 1860--148 , Pakistan Penal Code 1860--149 , Pakistan Penal Code 1860--302 , Pakistan Penal Code 1860--307 , Pakistan Penal Code 1860--447 , Pakistan Penal Code 1860--448 , ---Ss. 302, 307, 447, 448, 148 & 149--Appreciation of evidence-Police party had gone to assist to get the land vacated by force and had encircled d
1987 SCMR 1013 SUPREME-COURT
Supreme Court · 1987
MAJOR (RTD.) A.S.K. SAMAD VS A HUSSAIN Constitution of Pakistan 1973--185 , ---S. 16(2)--Constitution of Pakistan (19731, Art. 185 (3)--Ejectment-Default in deposit of rent--Leave to appeal granted to examine plea raised by appellant that he was depositing rent in Court regularly in earlier proceedings between parties, and thus there was no failure on his part to deposit rent in Court, and i
1987 SCMR 1013 SUPREME-COURT
Supreme Court · 1987
MAJOR (RTD.) A.S.K. SAMAD VS A HUSSAIN Ejectment--TERM , Sindh Rented Premises Ordinance 1979--16 , ---S. 16 (2)--Ejectment--Default in deposit of rent--Technical in nature--Effect of--Wife of landlord executing rent deed with tenant-appellant describing herself as owner of property--Dispute between parties--With permission of Rent Controller, tenant depositing rent in Court regularly--After
1987 SCMR 1013 SUPREME-COURT
Supreme Court · 1987
MAJOR (RTD.) A.S.K. SAMAD VS A HUSSAIN Ejectment--TERM , Sindh Rented Premises Ordinance 1979--16 , ---S. 16 (2)--Ejectment--Default in deposit of rent--Technical in nature--Effect of--Wife of landlord executing rent deed with tenant-appellant describing herself as owner of property--Dispute between parties--With permission of Rent Controller, tenant depositing rent in Court regularly--After
1987 SCMR 849 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD ABDULLAH KHAN VS COLLECTOR/ DEPUTY COMMISSIONER Constitution of Pakistan 1973--185 , Punjab Government Lands and Buliding (Recovery of Possession) Ordinance1966--5 , ---S.5--Constitution of Pakistan (1973), Art.185(3)--eviction from Government land for public purposes--Petitioner claiming to be allottee-in-possession of land since the time when it was evacuee and had later become Go
1987 SCMR 849 SUPREME-COURT
Supreme Court · 1987
MUHAMMAD ABDULLAH KHAN VS COLLECTOR/ DEPUTY COMMISSIONER Constitution of Pakistan 1973--185 , Punjab Government Lands and Buliding (Recovery of Possession) Ordinance1966--5 , ---S.5--Constitution of Pakistan (1973), Art.185(3)--eviction from Government land for public purposes--Petitioner claiming to be allottee-in-possession of land since the time when it was evacuee and had later become Go
1987 CLC 1015 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1987
SAKINA VS MUHAMMAD IQBAL West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15--eviction order passed against legal heirs of deceased tenant--Legality of--Original tenant died during pendency of eviction application and his legal heirs without being informed were brought on record by counsel who was not duly authorised by such legal heirs--No summons having been issued to leg
1987 CLC 1015 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1987
SAKINA VS MUHAMMAD IQBAL Civil Procedure Code --Order III of C.P.C. Recognized Agents and Pleaders--4 , O III, Rr. 2 & 4--Conduct of counsel--Counsel who was not duly authorised by legal heirs of deceased tenant brought on record such legal heirs without informing them, resulting in eviction order against them--Such conduct of counsel in bringing on record names of legal heirs of deceased te
1987 CLC 1015 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1987
SAKINA VS MUHAMMAD IQBAL West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13 & 15--eviction order passed against legal heirs of deceased tenant--Legality of--Original tenant died during pendency of eviction application and his legal heirs without being informed were brought on record by counsel who was not duly authorised by su
1987 CLC 1015 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1987
SAKINA VS MUHAMMAD IQBAL Civil Procedure Code --Order III of C.P.C. Recognized Agents and Pleaders--2 , Civil Procedure Code --Order III of C.P.C. Recognized Agents and Pleaders O III, Rr. 2 & 4--Conduct of counsel--Counsel who was not duly authorised by legal heirs of deceased tenant brought on record such legal heirs without informing them, resulting in eviction order against them--Such co
1987 CLC 868 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1987
SHAMI BAI VS AJMIRI KHAN General Clauses Act 1897--3 , S. 13(2)--General Clauses Act (X of 1897), S. 3(33)--Ejectment on ground of default in payment of rent--Clause in tenancy agreement that "as stated above rent will be paid (in) advance by the 5th of each month"--Word "month" occurring in said clause to be construed as reference to British calendar month and not to tenancy month--Rent in
1987 PLD 165 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1987
SIRAJUD DIN VS NOOR MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)??Word "may" in S. 13(2)??Connotation??Technical default?Rent Controller is obliged to determine whether it was necessary to direct ejectment of tenant and exercise discretion one way or the other, on evaluating facts available on record?S.13 (2)??Ejectment application??Default??Tenant remitted ren
1987 PLD 165 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1987
SIRAJUD DIN VS NOOR MUHAMMAD Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--22 , S. 13(2)--Civil Procedure Code (V of 1908), 0. XLI, R. 22--Cross objections--Application for ejectment--Ground of reconstruction--Rent Controller rejecting ejectment on ground of reconstruction--Ground taken up by landlord in appeal--Order of Trial Court can always be supported even in
1987 PLC 761 LABOUR-COURT-PUNJAB
Punjab · 1987
VS Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , ---S.16(1)--Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2--Words "notwithstanding the provisions of any law for the time being in force", connotation of--By using such words Legislature, held
1987 PLC 761 LABOUR-COURT-PUNJAB
Punjab · 1987
MUHAMMAD TUFAIL TABSSUM VS UNITED SUGAR MILLS Ltd. Industrial Relations Ordinance 1969--25-A , Industrial Relations Ordinance 1969 ---S.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.16--Grievance petition against eviction from premises--Workman seeking interim injunction against eviction from residence provided by 'employer--Grant of tem
1987 MLD 2740 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
MITSHTAQ AHMAD VS MUNICIPAL COMMITTEE Landlord and Tenant--TERM , Landlord and Tenant --- Leasehold rights to recover rent auctioned and granted to highest bidder by Municipal Committee--Occupants of shops not depositing rent while retaining possession--Held, so long as dispute was not settled, petitioners would deposit arrears of rent in High Court and failure to deposit same would result i
1987 CLC 2085 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
NAZIR AHMAD VS ADDITIONAL DISTRICT JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13--Landlord and tenant, relationship of--Proof--Sale of house by petitioner to respondent-- Effect--Title in respect of house after execution of sale-deed by petitioner in favour of respondent, held, would vest in such respondent b
1987 CLC 1999 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
SAKINA BIBI VS MUHAMMAD ASHRAF Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 Ss. 17 & 24--eviction of tenant--Order for--Appeal against--Rent Controller in his earlier order deciding issue of personal need against landlord, ejected tenant on ground of default in payment of rent--On appeal by tenant against ejectment order, Appellate Court on ground that ca
1987 CLC 1999 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
SAKINA BIBI VS MUHAMMAD ASHRAF Cantonments Rent Restriction Act 1963--24 , Ss. 17 & 24--eviction of tenant--Order for--Appeal against--Rent Controller in his earlier order deciding issue of personal need against landlord, ejected tenant on ground of default in payment of rent--On appeal by tenant against ejectment order, Appellate Court on ground that case had not been properly tried, set as
1987 CLC 1679 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
GUL MUHAMMAD VS FAIZ MUHAMMAD Transfer of Property Act 1882--106 , Transfer of Property Act 1882 ---S. 106--Evidence Act (I of 1872), S. 116--Landlord and tenant--Suit for ejectment--Emergence of a paramount title-holder--Effect on old tenancy--No proceedings taken by paramount title-holder against tenant--Held, there should be assertion by paramount title-holder for attornment of rent or th
1987 CLC 1679 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
GUL MUHAMMAD VS FAIZ MUHAMMAD Evidence Act 1872--116 , S. 106--Evidence Act (I of 1872), S. 116--Landlord and tenant--Suit for ejectment--Emergence of a paramount title-holder--Effect on old tenancy--No proceedings taken by paramount title-holder against tenant--Held, there should be assertion by paramount title-holder for attornment of rent or threat to the tenant to face eviction--Where no
1987 CLC 1239 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
RAHEELA KAUSAR VS ADDITIONAL DISTRICT JUDGE/APPELLATE AUTHORITY West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss.13(3)(a)(i) & 15--Ejectment application of purchasers of rented property against existing tenant--Personal bona fide requirement-Personal bona fide requirement of purchasers of house already in occupation of tenant, f
1987 CLC 1239 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
RAHEELA KAUSAR VS ADDITIONAL DISTRICT JUDGE/APPELLATE AUTHORITY West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss.13(3)(a)(i) & 15--Ejectment application of purchasers of rented property against existing tenant--Personal bona fide requirement-Personal bona fide requirement of purchasers of house already in occupation of tenant, fully established--Such purchasers of rented house, h
1987 CLC 1210 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
QAMAR-UN-NISA VS NOOR ELAHI West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15(4)--eviction of tenant--Appeal filed by person not a party to ejectment proceedings--Locus standi of such person--Appellant's application to join ejectment proceedings during pendency thereof, rejected by Rent Controller and appeal against such order dismissed by First Appellate Court--High Cour
1987 CLC 1210 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
QAMAR-UN-NISA VS NOOR ELAHI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13 & 15(4)--eviction of tenant--Appeal filed by person not a party to ejectment proceedings--Locus standi of such person--Appellant's application to join ejectment proceedings during pendency thereof, rejected by Rent Controller and appeal against such
1987 MLD 2497 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
MUHAMMAD DIN VS ABDUL REHMAN Constitution of Pakistan 1973--199 , ---S.13(3)(a)(ii)--Constitution of Pakistan (1973), Art. 199-eviction sought on ground that property was required for petitioners personal use and for use of his son--Petition rejected by Courts below that son was not produced in support of petitioner's case--Held, impugned orders of lower courts were result of misreading of e
1987 MLD 2497 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
MUHAMMAD DIN VS ABDUL REHMAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13(3)(a)(ii)--Constitution of Pakistan (1973), Art. 199-eviction sought on ground that property was required for petitioners personal use and for use of his son--Petition rejected by Courts below that son was not produced in support of petitioner's c
1987 MLD 1096 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
Mian ABDUL GHANI VS MUHAMMAD SALIM QURESHI, RENT CONTROLLER West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss. 2 (c) (i) & 13--eviction of tenant--Relationship of landlord and tenant--Proof--Where rent deed in respect of disputed premises exhibited by landlord in ejectment proceedings to prove existence of relationship of landl
1987 MLD 1096 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
Mian ABDUL GHANI VS MUHAMMAD SALIM QURESHI, RENT CONTROLLER West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss. 2 (c) (i) & 13--eviction of tenant--Relationship of landlord and tenant--Proof--Where rent deed in respect of disputed premises exhibited by landlord in ejectment proceedings to prove existence of relationship of landlord and tenant between him and tenant was admitted
1987 MLD 1078 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
AHMAD YAR KHAN VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--199 , ---Ss. 15 & 21--Constitution of Pakistan (1973), Art.199--Ejectment-Landlord manufacturing transformers in basement of building and requiring premises in dispute for retail selling of his goods with help of his sons--Salient features of evidence produced by landlord with regard to location of basement in his pos
1987 CLC 747 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
MUHAMMAD ASHRAF ADIL VS RENT CONTROLLER, SARGODHA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss. 2(b) & 13--Evicition proceedings--Jurisdiction of Rent Controller--Jurisdiction of Rent Controller to adjudicate upon controversy regarding insanity of certain landlords on whose behalf eviction petition was filed by their mother as their guardian ad litem not disputed by tenant
1987 CLC 747 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
MUHAMMAD ASHRAF ADIL VS RENT CONTROLLER, SARGODHA West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss. 2(b) & 13--Evicition proceedings--Jurisdiction of Rent Controller--Jurisdiction of Rent Controller to adjudicate upon controversy regarding insanity of certain landlords on whose behalf eviction petition was filed by their mothe
1987 MLD 137 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
ZAHIDA BANO VS Ch. ABDUL WAHEED West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13 (2) (vi)--eviction of tenant on ground of reconstruction-Requirements--Where due to dangerous condition of premises, Municipal Corporation itself issued notice requiring landlord to demolish existing structure of rented premises, there was, hel
1987 MLD 132 LAHORE-HIGH-COURT-LAHORE
Punjab · 1987
ATA MUHAMMAD KHAN VS MUHAMMAD KHALID KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 13 (3)(ii)--eviction of tenant on ground of personal requirement--Landlord, held, could not be deprived of seeking possession through ejectment of his property on ground of personal need merely for reason that he has more than one build
1987 MLD 114 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
JALEES AHMAD VS Mrs. ABIDA ISMAIL Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15 & 21--Appeal by landlord against non-eviction of tenant-Whether order of Rent Controller suffered on misconception of legal requirement, whereby non-payment of rent by tenant was treated as having bet paid, High Court in appellate jurisdiction set aside: such finding Rent Controller and ordered eviction of
1987 MLD 3295 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Syed MAZHAR HUSSAIN VS MUHAMMAD AHMAD SHARIF Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15---Fresh ejectment proceeding--Maintainability of--Where landlord had earlier filed ejectment cases against tenant, such earlier filing of cases, held, would' not be sufficient to disentitle him to seek eviction of tenant through fresh ejectment proceeding if fa
1987 MLD 3286 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
AZIZ-UR-REHMAN VS Syed WADOOD AHMED JILANI Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ---S.14(1)(2)--eviction of tenant on ground of retirement of landlord--Words "occupation" and "building"--Connotation of-Word "occupation" even if not defined in the Ordinance, was neither to be taken in its ordinary meaning nor could be considered in any limited sense,
1987 MLD 3283 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
YOUSUF HASSAN VS AMIR ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(vii)--Personal bona fide requirement--Proof--Unrebutted evidence on record showing that landlord seeking eviction of tenant from shop in dispute on ground of personal requirement--Landlord, though a technical expert was not only jobless, bat had no other premises of his own excep
1987 MLD 3267 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD SALEEM VS Kazi-MUHAMMAD HASNAIN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ---S.14(1)(2)--eviction of tenant on ground of retirement of landlord--Landlord seeking eviction of tenant from shop in dispute on ground of his retirement from service, being owner of four shops had .already got vacated 3 shops other than shop in dispute--Such landlord, h
1987 MLD 3255 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Mst.HAJRA BAI VS ABDUL RASHEED TABANI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(vii)--Personal bona fide need--Proof--Evidence on record showed that landlady seeking eviction of tenant on ground of personal need not only herself was. living in rented premises, but was suffering from disease for which doctor advised her to avoid climbing stairc
1987 MLD 3241 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD IKRAMULLAH VS Messrs ASIAN PACKERS Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 & 21-- Personal bona fide requirement of landlord--Extent-When landlord was able to show his personal requirement in respect of premises at time of commencement of action before Rent Controller and such requirement continued till date of eviction order and thereafter during pendency of appeal file
1987 MLD 3241 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD IKRAMULLAH VS Messrs ASIAN PACKERS Code of Civil Procedure 1908--151 , ---S.15--Civil Procedure Code (V of 1908), S.151--Application filed by one of landlords under S.151, C.P.C. during pendency of eviction application for allowing him to give his own evidence to prove that landlord was employed abroad had been transferred and posted in Pakistan, held, ought to have been granted by
1987 MLD 2985 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Dr. S.A. SAMEE SHAH VS Mst. BIBI GUL HANEEF Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S. 17(1)--Ejectment of tenant, mode of--eviction order cannot be passed merely on ground that tenancy was for a fixed period.
1987 PLD 513 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
AISHA BI VS MUHAMMAD AHMAD Cantonments Rent Restriction Act 1963--17-A , Cantonments Rent Restriction Act 1963--23 , Ss. 17-A & .23(1)--Right to seek--Ejectment of tenant--Application from widow under S. 17-A--Maintainability of--Right to apply for eviction of tenant has been conferred on a widow of deceased landlord of premises on his death under S. 17-A of Act XI of 1963 and not on a widow
1987 PLD 513 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
AISHA BI VS MUHAMMAD AHMAD Cantonments Rent Restriction Act 1963--17-A , Cantonments Rent Restriction Act 1963--23 , Ss. 17-A & .23(1)--Right to seek--Ejectment of tenant--Application from widow under S. 17-A--Maintainability of--Right to apply for eviction of tenant has been conferred on a widow of deceased landlord of premises on his death under S. 17-A of Act XI of 1963 and not on a widow
1987 PLD 287 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
RAFIQ BEGUM VS MAHMOODA WAHIDINA Sindh Rented Premises Ordinance 1979--PREAMBLE , Preamble-Aims and objects of the Ordinance.The Sind Rented Premises Ordinance, 1979 is a piece of social legislation aimed at easing the problem of accommodation, protecting the tenants from evictions inspired by profit hunting motives and providing certain safeguards for the tenants and saving them from great
1987 CLC 2347 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ABDUL QADEER VS S. AZEEMUDDIN AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15--Ejectment of tenant--Bona fide personal requirement of landlord, proof of--Averments in eviction application about personal requirement of landlord fully supported in deposition and nothing brought out in cross-examination to show that such assertions were either false o
1987 CLC 2256 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
K.A.M. BAJWA VS ASGHAR ALI Karachi Building Control Regulation 1984--RGLN. , S. 13(2)(vi)--Sind Rented Premises Ordinance (XVII of 1979), S. 15 (2) (vi)-- Karachi Building Control Regulations, 1984--Ejectment on ground of reconstruction--Con ten action that plan for reconstruction of building could not be approved unless there was an agreement between landlord/owner and tenants for alternate
1987 CLC 2256 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
K.A.M. BAJWA VS ASGHAR ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(2)(vi)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2)(vi)--Sind Building Control Ordinance (V of 1979), S.6-Landlord seeking eviction of tenants on ground of reconstruction of building- -Approved plans for reconstruction filed alongwith appli
1987 CLC 2256 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
K.A.M. BAJWA VS ASGHAR ALI Sindh Buildings Control Ordinance 1979--6 , Sindh Rented Premises Ordinance 1979--15 , S. 13(2)(vi)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2)(vi)--Sind Building Control Ordinance (V of 1979), S.6-Landlord seeking eviction of tenants on ground of reconstruction of building- -Approved plans for reconstruction filed alongwith application for ejectment--
1987 CLC 2256 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
K.A.M. BAJWA VS ASGHAR ALI Sindh Buildings Control Ordinance 1979--6 , Sindh Rented Premises Ordinance 1979--15 , S. 13(2)(vi)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2)(vi)--Sind Building Control Ordinance (V of 1979), S.6-Landlord seeking eviction of tenants on ground of reconstruction of building- -Approved plans for reconstruction filed alongwith application for ejectment--
1987 CLC 1988 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
JAMSHED KHUDADAD IRANI VS ABDUL REHMAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 21(1)--Preamble--eviction of tens not--Purpose of ordinance--Plea of personal bona fide need--Very purpose of Ordinance according to preamble, held, was to make effective provisions for regulation of relations between landlord and tenants and to protect their intere
1987 CLC 1988 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
JAMSHED KHUDADAD IRANI VS ABDUL REHMAN Ss. 15 & 21(1)--Preamble--eviction of tens not--Purpose of ordinance--Plea of personal bona fide need--Very purpose of Ordinance according to preamble, held, was to make effective provisions for regulation of relations between landlord and tenants and to protect their interest in respect of rental premises within urban areas ordinance has imposed restric
1987 CLC 1984 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
KABIRUDDIN A. LALANI VS ZAFFAR ISHAQ ANSARI Ss. 15 & 16(1)(2)--eviction of tenant--Tentative rent order-Non-compliance of--Effect--To comply with directions given by Rent Controller in tentative rent order in respect of deposit of rent, being incumbent on tenant, tenant who had been depositing rent in miscellaneous application against such directions, held, had committed default in complying
1987 CLC 1984 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
KABIRUDDIN A. LALANI VS ZAFFAR ISHAQ ANSARI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 16(1)(2)--eviction of tenant--Tentative rent order-Non-compliance of--Effect--To comply with directions given by Rent Controller in tentative rent order in respect of deposit of rent, being incumbent on tenant, tenant who had been depositing rent in miscellaneo
1987 CLC 1982 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
GHULAM NABI VS MUHAMMAD HASSAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15, 16(1)(2) & 21(1)--eviction of tenant--Tentative rent order, non-compliance of--Effect--Original tenant otherwise complying with tentative rent order passed by Rent Controller without committing any default died during pendency of case--Application for striking off defence
1987 CLC 1982 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
GHULAM NABI VS MUHAMMAD HASSAN Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15, 16(1)(2) & 21(1)--eviction of tenant--Tentative rent order, non-compliance of--Effect--Original tenant otherwise complying with tentative rent order passed by Rent Controller without committing any default died during pendency of case--Application for striking off d
1987 CLC 1971 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
NAJAF KHAN VS TAJAMAL HUSSAIN Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--20 , Sindh Rented Premises Ordinance 1979--21 , Ss . 15 , 16(1) (2) , 20 & 21(1)--eviction of tenant--Non-compliance of tentative rent order--Striking off defence--Remedy against--Review application--Maintainability of--Tenant's defence struck off under S.16(2) due to non-compliance
1987 CLC 1971 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
NAJAF KHAN VS TAJAMAL HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss . 15 , 16(1) (2) , 20 & 21(1)--eviction of tenant--Non-compliance of tentative rent order--Striking off defence--Remedy against--Review application--Maintainability of--Tenant's defence struck off under S.16(2) due to non-compliance of tentative rent order and final ejectment orde
1987 CLC 1777 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD AMIN VS GHULAM MUHAMMAD DOSSAL Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(ii) & 21(1)--Ejectment proceedings--Default--Proof--Where receipt of disputed rent of premises, allegedly remitted by tenant through money order was expressly, denied by landlord, such receipt thereof, should be proved by tenant by confronting landlord with signatures on receipt or by comparing his s
1987 CLC 1777 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD AMIN VS GHULAM MUHAMMAD DOSSAL Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15(2)(ii) & 21(1)--Ejectment proceedings--Default--Proof--Where receipt of disputed rent of premises, allegedly remitted by tenant through money order was expressly, denied by landlord, such receipt thereof, should be proved by tenant by confronting landlord with signat
1987 CLC 1753 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
USMAN GHARI VS GULZAR AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(ii)--eviction of tenant--Wilful default--Proof--Where tenant by producing rent receipts of disputed premises undisputedly proved that landlord himself was adopting practice of receiving rent of premises in lump sum after lapse of six or ten months, failure of tenant to pay dis
1987 CLC 1753 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
USMAN GHARI VS GULZAR AHMAD Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ---Ss. 2(f) & 15 (2)(ii)--eviction of tenant--Tendering rent to owner of premises instead of landlord--Validity of--Owner of premises having also been included in definition of landlord under S. 2(f), tendering of rent by money order in name of co-owner of premises or depositing same in
1987 CLC 1722 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
HAFEEZULLAH VS ALLAH DIN Sindh Rented Premises Ordinance 1979--21 , Ss. 15(vii) & 21(1)--Ejectment petition--Personal bona fide need-Proof--Landlord residing in accommodation provided to him by Government, failed to disclose in his ejectment application circumstances which had made him to shift to his rented premises and to show that he needed premises in good faith--Landlord, held, failed t
1987 CLC 1722 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
HAFEEZULLAH VS ALLAH DIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15(vii) & 21(1)--Ejectment petition--Personal bona fide need-Proof--Landlord residing in accommodation provided to him by Government, failed to disclose in his ejectment application circumstances which had made him to shift to his rented premises and to show that he needed premises in
1987 CLC 1720 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
SHER BANO VS UMER Sindh Rented Premises Ordinance 1979--21 , Ss. 14 & 21(1)--eviction of tenant by widow of original landlord on ground of personal need--Widow of original landlord of disputed premises filing ejectment application against tenants after death of such landlord on ground of personal requirement under S. 14-Production of death certificate of original landlord clearly showing his
1987 CLC 1720 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
SHER BANO VS UMER Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 Ss. 14 & 21(1)--eviction of tenant by widow of original landlord on ground of personal need--Widow of original landlord of disputed premises filing ejectment application against tenants after death of such landlord on ground of personal requirement under S. 14-Production of death certificate of
1987 CLC 1716 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD ISHAQ VS KHURSHEED ALAM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15(2)(ii), 18 & 21(1)--eviction of tenant--Purpose for notice of change of ownership of premises--Purpose for notice under S. 18 was to inform tenant about new ownership of premises so as to avoid default in payment of rent for purpose of S. 15(2)(ii)--Where issue of defaul
1987 CLC 1716 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD ISHAQ VS KHURSHEED ALAM Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15(2)(ii), 18 & 21(1)--eviction of tenant--Purpose for notice of change of ownership of premises--Purpose for notice under S. 18 was to inform tenant about new ownership of premises so as to avoid default in payment of rent for purpose of S. 15(2)(ii)--Where issue of
1987 CLC 1714 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ALLAH BUX VS SARWARI BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15(2)(ii) & 21(1)--eviction of tenant--Default in payment of rent--Proof--Expiry of tenancy agreement--Position of security deposits lying with the landlord--Whether adjustable towards rent due--Security deposits more than amount of alleged default, which was refundable at time of e
1987 CLC 1714 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ALLAH BUX VS SARWARI BEGUM Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(ii) & 21(1)--eviction of tenant--Default in payment of rent--Proof--Expiry of tenancy agreement--Position of security deposits lying with the landlord--Whether adjustable towards rent due--Security deposits more than amount of alleged default, which was refundable at time of expiry of tenancy agreement was still
1987 CLC 1712 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD MUNIR BIN ISMAIL VS MISS ZEENAT QURESHI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15(2)(iv) & 21(1)--eviction of tenant--Material impairment of value or utility of premises--Proof--eviction ordered by Rent Controller on insufficient evidence furnished by landlord on point of impairment in the shape of his own affidavit--There being no suffic
1987 CLC 1712 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD MUNIR BIN ISMAIL VS MISS ZEENAT QURESHI Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(iv) & 21(1)--eviction of tenant--Material impairment of value or utility of premises--Proof--eviction ordered by Rent Controller on insufficient evidence furnished by landlord on point of impairment in the shape of his own affidavit--There being no sufficient evidence on record on part of la
1987 CLC 1547 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
NATIONAL BANK OF PAKISTAN VS FILM EXHIBITORS LTD. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S.15--Tenant failing to prove that rent for four months was paid to landlord--Default in payment of even one month rent, held, was sufficient to order eviction of tenant.---S.15--Default in payment of rent--Rent paid by tenant to Income-tax Department pursuant to
1987 CLC 1484 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ROSHAN HABIB VS HAJI USMAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 13--Sind Rented Premises Ordinance (XVII of 1979), Ss. 13, 14, 15 & 21--Ejectment on ground of default in payment of rent--Plea taken by tenant that he used to tender rent by cheques regularly--Payment of rent by mode of cheque was not a legal tender
1987 CLC 1484 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ROSHAN HABIB VS HAJI USMAN Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , S. 13--Sind Rented Premises Ordinance (XVII of 1979), Ss. 13, 14, 15 & 21--Ejectment on ground of default in payment of rent--Plea taken by tenant that he used to tender rent by cheques regularly
1987 CLC 1416 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
NARGIS VS ABDUL RAZAK Code of Civil Procedure 1908--141 , Code of Civil Procedure 1908 Ss.141 & 151--Sind Rented Premises Ordinance (XVII of 1979), S.21-Appeal against rejection of objection petition of intervenor in execution proceedings and against his ejectment from premises alongwith application for restoration of possession--Competency of--Rent Controller, held, could not entertain obje
1987 CLC 1416 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
NARGIS VS ABDUL RAZAK Code of Civil Procedure 1908--151 , Sindh Rented Premises Ordinance 1979--21 , Ss.141 & 151--Sind Rented Premises Ordinance (XVII of 1979), S.21-Appeal against rejection of objection petition of intervenor in execution proceedings and against his ejectment from premises alongwith application for restoration of possession--Competency of--Rent Controller, held, could not
1987 CLC 1416 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
NARGIS VS ABDUL RAZAK Code of Civil Procedure 1908--151 , Sindh Rented Premises Ordinance 1979--21 , Ss.141 & 151--Sind Rented Premises Ordinance (XVII of 1979), S.21-Appeal against rejection of objection petition of intervenor in execution proceedings and against his ejectment from premises alongwith application for restoration of possession--Competency of--Rent Controller, held, could not
1987 CLC 1391 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
JAMIL AHMAD VS MRS. SULTAN JEHAN BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Ss. 21, 15 & 16--Deposit of rent, default in--Rent Controller striking off defence of tenant for causing three days' delay in depositing rent for one month and ordering his eviction--Tenant found to have been regularly depositing rent in time for the last six years--Ex
1987 CLC 1391 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
JAMIL AHMAD VS MRS. SULTAN JEHAN BEGUM Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 Ss. 21, 15 & 16--Deposit of rent, default in--Rent Controller striking off defence of tenant for causing three days' delay in depositing rent for one month and ordering his eviction--Tenant found to have been regularly depositing rent in time for the last six years--Excess a
1987 PLD 190 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD SAEED VS PARVEEN HILALUDDIN Sindh Rented Premises Ordinance 1979--21 , S. 21-Appeal against ejectment-Ejectment of tenant ordered for non-compliance of tentative rent order-Plea of jurisdiction raised for first time in appeal by tenant-Effect-Where tenant failed to object to jurisdiction of Rent Controller either in written statement or at any time thereafter, but submitted himself
1987 CLC 1146 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ASHIQ HUSSAIN VS ABDULLAH QURESHI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S. 15(2)(vii)--Personal bona fide requirement--Proof--Ground of personal bona fide requirement, pleaded by landlord in his eviction application remained unshaken in cross-examination--Rent Controller, held, rightly granted eviction of tenant on ground of personal bona fide req
1987 PLD 180 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD RAFIQ VS SHAHENSHAH JEHAN BEGUM Pleadings--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15-Civil Procedure Code (V of 1908), Os.VI & VII-Pleadings--Defects in regard to signature on a plaint or eviction application, held, were technical irregularities relating to matter of procedure--Eviction application could not be allowed to fail merely for reason of landlord having inadv
1987 PLD 180 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD RAFIQ VS SHAHENSHAH JEHAN BEGUM Pleadings--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15-Civil Procedure Code (V of 1908), Os.VI & VII-Pleadings--Defects in regard to signature on a plaint or eviction application, held, were technical irregularities relating to matter of procedure--Eviction application could not be allowed to fail merely for reason of landlord having inadv
1987 CLC 959 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
KHALID SAEED VS HOCKEY CLUB OF PAKISTAN LTD. Constitution of Pakistan 1973--199 , Constitution of Pakistan 1973 Art. 199--Cantonments Rent Restriction Act (XI of 1963), Ss. 17(4)(b) a 24--eviction on ground of personal requirement--Bona fide proof-Constitutional jurisdiction, exercise of--Concurrent findings of two Courts below that premises in dispute were required by landlord in good faith
1987 CLC 959 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
KHALID SAEED VS HOCKEY CLUB OF PAKISTAN LTD. Cantonments Rent Restriction Act 1963--24 , Art. 199--Cantonments Rent Restriction Act (XI of 1963), Ss. 17(4)(b) a 24--eviction on ground of personal requirement--Bona fide proof-Constitutional jurisdiction, exercise of--Concurrent findings of two Courts below that premises in dispute were required by landlord in good faith for personal need, bei
1987 CLC 959 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
KHALID SAEED VS HOCKEY CLUB OF PAKISTAN LTD. Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17(4)(b)(ii)--eviction from commercial premises on ground of personal requirement??Where tenant had failed to establish that landlord was occupying any other building in vicinity of area concerned for purpose of his business at relevant time, contention of tenant
1987 CLC 736 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
GUL KHAN VS GHARIBULLAH KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2) (vii)--Personal bona fide requirement--Proof--In absence of any detail either in regard to insufficiency of existing accommodation with landlord, or requirements of his children, landlord, held, would fail to support his case with any positive evidence in order to establish
1987 PLD 159 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
T. MOTANDAS VS ANIS AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 15?Civil Procedure Code (V of 1908), Preamble?Applicability of C. P. C. to rent proceedings?Provisions of Civil Procedure Code though not applicable to proceedings under Rent Ordinance yet principles which are basis and foundation for administration of justice, held, would be applicable to these proc
1987 CLC 686 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD ASLAM VS MUHAMMAD ASLAM Sindh Rented Premises Ordinance 1979--PREAMBLE , Sindh Rented Premises Ordinance 1979 Preamble & S. 15(2)(vii)--Business premises--eviction of tenant on ground of personal bona fide requirement--Safeguard provided by Legislature to tenant--Imposition of condition on landlord to satisfy Rent Controller about his personal bona fide requirement in respect of pre
1987 CLC 686 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD ASLAM VS MUHAMMAD ASLAM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2) (vii)--Business premises--Personal bona fide requirement-Burden to prove--Burden of proof that landlord required premises in good faith for use of his sons would be on landlord--Landlord would have to satisfy Rent Controller that he required premises in good faith--Mere
1987 PCRLJ 340 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
AJAB KHAN VS STATE West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968--S.O. 16 , WEST PAKISTAN INDUSTRIAL DEVELOPMENT CORPORATION (TRANSFER OF PROJECTS AND COMPANIES) ACT 1974--PREAMBLE , ---S. 561-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), 5.0. 16--West Pakistan Industrial Development (Transfer of Projects
1987 PCRLJ 340 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
AJAB KHAN VS STATE Criminal Procedure Code (Cr.P.C) 1898--561-A , Criminal Procedure Code (Cr.P.C) ---S. 561-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), 5.0. 16--West Pakistan Industrial Development (Transfer of Projects and Companies) Act (XXVIII of 1974), S. 6(3) -Quashing of proceedings-- eviction from premises-Summary procedure--Petitio
1987 PCRLJ 340 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
AJAB KHAN VS STATE West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968--S.O. 16 , WEST PAKISTAN INDUSTRIAL DEVELOPMENT CORPORATION (TRANSFER OF PROJECTS AND COMPANIES) ACT 1974--PREAMBLE , ---S. 561-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), 5.0. 16--West Pakistan Industrial Development (Transfer of Projects
1987 CLC 635 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
FATEH GUL VS M. ANWARUL HUDA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 Ss. 2(f) (j), 15 & 21(1)--Relationship of landlord and tenant--Proof in absence of any tenancy agreement between parties--Mere entries in Excise and Taxation Department's Register in respect of premis
1987 CLC 635 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
FATEH GUL VS M. ANWARUL HUDA Civil Procedure Code --Order V of C.P.C. Issues and Service of Summons--20 , Civil Procedure Code --Order V of C.P.C. Issues and Service of Summons ---O. V, R. 20--Sind Rented Premises Ordinance (XVII of 1979), Ss.15 & 21(1)--Substituted service--Requirements--Non-compliance of-Effect--Provisions of O. V, R. 20, C.P.C, according to which substituted service of su
1987 CLC 635 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
FATEH GUL VS M. ANWARUL HUDA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 Ss. 2(f) (j), 15 & 21(1)--Relationship of landlord and tenant--Proof in absence of any tenancy agreement between parties--Mere entries in Excise and Taxation Department's Register in respect of premis
1987 CLC 635 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
FATEH GUL VS M. ANWARUL HUDA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 Ss. 2(f) (j), 15 & 21(1)--Relationship of landlord and tenant--Proof in absence of any tenancy agreement between parties--Mere entries in Excise and Taxation Department's Register in respect of premis
1987 CLC 621 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
S.M. SAEED VS ALI HOSAIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 --S. 13--Sind Rented Premises Ordinance (XVII of 1979), S.15-Ejectment--Tenant raising plea that a mortgage agreement existed in his favour which contained a stipulation whereby tenant was not under obligation to pay rent to landlord--Plea of tenant had alrea
1987 CLC 621 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
S.M. SAEED VS ALI HOSAIN Sindh Rented Premises Ordinance 1979--15 , S. 13--Sind Rented Premises Ordinance (XVII of 1979), S.15-Ejectment--Tenant raising plea that a mortgage agreement existed in his favour which contained a stipulation whereby tenant was not under obligation to pay rent to landlord--Plea of tenant had already been considered by Rent Controller who passed eviction order--Appe
1987 MLD 2814 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
NOOR MUHAMMAD VS Hafiz INAYATUR REHMAN Sindh Rented Premises Ordinance 1979--21 , ---Ss.14 & 21--eviction on ground of retirement of landlord-Requirements--Where eviction of tenant was sought under S.14 on ground of retirement of landlord to start specific business of Medical. Store in disputed premises, finding of Rent Controller that landlord should have necessarily obtained permission fro
1987 MLD 2814 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
NOOR MUHAMMAD VS Hafiz INAYATUR REHMAN West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.14 & 21--eviction on ground of retirement of landlord-Requirements--Where eviction of tenant was sought under S.14 on ground of retirement of landlord to start specific business of Medical. Store in disputed premises, finding of Rent Contr
1987 CLC 604 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
KABIRUDDIN VS SIBTAIN AHMAD Sindh Rented Premises Ordinance 1979--22 , Sindh Rented Premises Ordinance 1979 ---S. 22--Civil Procedure Code (V of 1908) 0. XXI, R. 103--Ejectment-Execution of orders--Rent Controller while executing his order, held, not debarred to exercise any power under 0. XXI, C . P . C . , with regard to investigation of matter or determining bona fide claim of a person wh
1987 CLC 604 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
KABIRUDDIN VS SIBTAIN AHMAD Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--103 , ---S. 22--Civil Procedure Code (V of 1908) 0. XXI, R. 103--Ejectment-Execution of orders--Rent Controller while executing his order, held, not debarred to exercise any power under 0. XXI, C . P . C . , with regard to investigation of matter or determining bona fide claim of a person
1987 CLC 574 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
SHAUKAT ALI VS ISRAR AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2)(vi)(3)(4)--eviction on ground of reconstruction--Conversion of commercial building into residential one--Effect--Landlord would be entitled to convert his commercial building into residential one -in case landlord by way of reconstruction had converted his commercial building
1987 MLD 2149 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Messrs GENERAL SERVICES CORPORATION VS Messrs PAKISTAN NATIONAL SHIPPING CORPORATION Sindh Rented Premises Ordinance 1979--21 , ---Ss.2(f)(j), 15(2)(ii), 18 & 21(1)--Ejectment of tenant--Notice for change of ownership-- Relationship of landlord and tenant--Notice for change of ownership of premises contemplated under S.18 of Ordinance (XVII of 1979) has nothing to do with creation of relatio
1987 MLD 2133 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD ABDUS SAEED VS JAMALUDDIN SIDDIQUI Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2)(vii). & 21(1)--Ejectment of tenant--Personal bona fide requirement-- Proof--Landlord by adducing unrebutted evidence on record successfully established that accommodation presently in his occupation was quite insufficient to accommodate his large family consisting of eight members--Nothing havi
1987 MLD 2133 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD ABDUS SAEED VS JAMALUDDIN SIDDIQUI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15(2)(vii). & 21(1)--Ejectment of tenant--Personal bona fide requirement-- Proof--Landlord by adducing unrebutted evidence on record successfully established that accommodation presently in his occupation was quite insufficient to accommodate his large family cons
1987 MLD 2043 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
SHARAFAT HUSSAIN VS AMINUDDIN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ---Ss.14, 15 & 20--Ejectment on ground of default in payment of rent--Landlord in his cross-examination deposing that he never issued rent receipts to tenant from assessment year 1969 who was paying rent regularly to landlord--No complaint either in ejectment application or in deposi
1987 MLD 2043 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
SHARAFAT HUSSAIN VS AMINUDDIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--20 , ---Ss.14, 15 & 20--Ejectment on ground of default in payment of rent--Landlord in his cross-examination deposing that he never issued rent receipts to tenant from assessment year 1969 who was paying rent regularly to landlord--No complaint either in ejectment application or in
1987 MLD 1425 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD SIRAJ VS MUHAMMAD AYUB Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(vii)--Personal bona fide requirement--Landlord getting one shop vacated but not starting his business in that shop--Landlord not stating in his application the kind of business he wanted to start--eviction application, held, rightly dismissed.
1987 CLC 516 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
FAROOQ BEG VS MUHAMMAD KASHIF KAMAL SIDDIQUI Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance S. 144 & 0. IX, R. 13--Sind Rented Premises Ordinance (XVII of 1979), Ss. 21 & 22--Doctrine of restitution--Reversal or modification of ex parte ev
1987 CLC 516 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
FAROOQ BEG VS MUHAMMAD KASHIF KAMAL SIDDIQUI Code of Civil Procedure 1908--144 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979--22 , S. 144 & 0. IX, R. 13--Sind Rented Premises Ordinance (XVII of 1979), Ss. 21 & 22--Doctrine of restitution--Reversal or modification of ex parte eviction order--Effect--Principal of doctrine of restitution is that on reversal o
1987 CLC 516 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
FAROOQ BEG VS MUHAMMAD KASHIF KAMAL SIDDIQUI Code of Civil Procedure 1908--144 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979--22 , S. 144 & 0. IX, R. 13--Sind Rented Premises Ordinance (XVII of 1979), Ss. 21 & 22--Doctrine of restitution--Reversal or modification of ex parte eviction order--Effect--Principal of doctrine of restitution is that on reversal o
1987 MLD 926 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ALI MUHAMMAD VS Syed AHSAN ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21--Default in payment of rent--Tenant paying more rent than mutually agreed upon and thus entitled to adjustment which if counted not rendering him defaulter--Order of Rent Controller allowing eviction on ground of default set aside in circumstances.
1987 MLD 926 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ALI MUHAMMAD VS Syed AHSAN ALI Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 & 21--Default in payment of rent--Tenant paying more rent than mutually agreed upon and thus entitled to adjustment which if counted not rendering him defaulter--Order of Rent Controller allowing eviction on ground of default set aside in circumstances.
1987 CLC 487 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD ALI VS BANSIMEL Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15--eviction application, filing of--Prior notice to tenant, whether necessary--Notice to tenant prior to filing of ejectment application, held, was not necessary. ---S. 15(2)(ii)--eviction application on ground of personal bona fide requirement--Maintainability of--A shop other than d
1987 CLC 487 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD ALI VS BANSIMEL Sindh Rented Premises Ordinance 1979--9 , Ss. 9 & 15--Increase in rent of premises--Justification for--Premises in dispute having been given on nominal rent, 10 years prior to institution of eviction application against tenant--Increase in such rent during period of 10 years, would not appear to be excessive or oppressive looking to general rise in price of commoditi
1987 MLD 877 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Syed WARIS IMAM VS KANWAR MASOOD ALI KHAN Sindh Rented Premises Ordinance 1979--21 , ---Ss.2(j), 14, 15 & 21(1)--Transfer of Property Act (IV of 1882), S.111--Status of tenant, termination of--Secure status acquired by tenant, held, could not be put to end except by judicial order passed on certain specified grounds provided under Ss.14 & 15--Such status would not come to an end in any of wa
1987 MLD 877 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Syed WARIS IMAM VS KANWAR MASOOD ALI KHAN Sindh Rented Premises Ordinance 1979--5 , Sindh Rented Premises Ordinance 1979 ---Ss.5, 6 & 15(2)(1) [as omitted by Sind Rented Premises (Amendment) Ordinance (IV of 1984)]--eviction of tenant after expiry of tenancy period--Requirement--In case of contractual tenancy, Rent Controller is competent under S.15(2)(1) to evict tenant after expiry of tena
1987 MLD 877 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Syed WARIS IMAM VS KANWAR MASOOD ALI KHAN Sindh Rented Premises Ordinance 1979--6 , ---Ss.5, 6 & 15(2)(1) [as omitted by Sind Rented Premises (Amendment) Ordinance (IV of 1984)]--eviction of tenant after expiry of tenancy period--Requirement--In case of contractual tenancy, Rent Controller is competent under S.15(2)(1) to evict tenant after expiry of tenancy period--Provisions having been om
1987 CLC 475 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ADAM KHAN VS YAR MUHAMMAD Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 Ss. 14 & 15--Ejectment application under S. 14 filed during pendency of application under S. 15--Maintainability of--Causes of action accruing to landlord under S. 14 being absolutely independent from those enumerated under S. 15--Application filed by landlord under S. 14 that he had att
1987 CLC 475 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ADAM KHAN VS YAR MUHAMMAD Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 Ss. 2(H), 14 & 21--eviction of tenant from cafe--Maintainability of application--Cafe, connotation of--Cafe being not equated with "hotel" as 'cafe' means place where meals or drinks are served to public while 'hotel' means a house for accommodat
1987 MLD 684 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Sheikh ABDUL MAJID VS TAYAB ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 --Ss.15(2)(vii) & 21(1)--eviction of tenant--Personal bona fide requirement--Proof--Landlord claiming that he required disputed premises in good faith for his personal use and for use of his children, supported his version by adducing overwhelming, consistent And irresistible evide
1987 MLD 684 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Sheikh ABDUL MAJID VS TAYAB ALI Sindh Rented Premises Ordinance 1979--21 , --Ss.15(2)(vii) & 21(1)--eviction of tenant--Personal bona fide requirement--Proof--Landlord claiming that he required disputed premises in good faith for his personal use and for use of his children, supported his version by adducing overwhelming, consistent And irresistible evidence, deposing that at present he was
1987 MLD 682 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
SPENCER AND Co. (Pak.) Ltd. VS Mst. YASMEEN BEGUM Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2)(vii) & 21(1)--Ejectment of tenant--Personal bona fide requirement--Proof--Evidence on record unquestionably showing that landlady alongwith her large family of more than 10 members was residing with her brother due to lack of accommodation--Personal bona fide requirement of landlady in re
1987 MLD 682 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
SPENCER AND Co. (Pak.) Ltd. VS Mst. YASMEEN BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15(2)(vii) & 21(1)--Ejectment of tenant--Personal bona fide requirement--Proof--Evidence on record unquestionably showing that landlady alongwith her large family of more than 10 members was residing with her brother due to lack of accommodation--Personal bo
1987 MLD 663 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD SARDAR VS MUHAMMAD RAZIK Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(vii)--eviction of tenant--Plea of personal bona fide heed-Proof--Landlord filing eviction applications against tenants in respect of large and auspicious building consisting of five flats and four shops on ground of personal bona fide need--Landlord was proved to be in
1987 CLC 455 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ABDUL MAJEED VS LUTFI SIDDIQUI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---Ss. 2(b)(j) & 17(2)(i)--eviction of tenant--Relationship of landlord and tenant denied by tenant--Preliminary issue on relationship and jurisdiction of Rent Controller--Legality--Rent Controller, held, rightly framed preliminary issue to decide relationship of landlord and tena
1987 MLD 530 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
NAZAR HUSSAIN VS Mst. AZIZA KHATOON Sindh Rented Premises Ordinance 1979--16 , ---Ss.14 & 16(1),(2)--Object of Ordinance--Regulation of relations between landlord and tenant and protection of their interests in respect of rented premises--Ejectment proceedings--Striking off defence of tenant for failure to deposit rent within specified time--Word "shall" in S.16(2), held, was used not with a
1987 MLD 530 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
NAZAR HUSSAIN VS Mst. AZIZA KHATOON Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ---Ss.14 & 16(1),(2)--Object of Ordinance--Regulation of relations between landlord and tenant and protection of their interests in respect of rented premises--Ejectment proceedings--Striking off defence of tenant for failure to deposit rent within specified time--Word "shall"
1987 CLC 447 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MUHAMMAD BABIR VS JEHANGIR Sindh Rented Premises Ordinance 1979--3 , Sindh Rented Premises Ordinance 1979 S. 3--Application for eviction--Jurisdiction--Open plot without machinery rented out to tenant by landlord in industrial area--Jurisdiction of Rent Controller to deal with ejectment application, held, not ousted.-[Jurisdiction]. ---Ss. 3 & 21--Jurisdiction--Question relating to jurisdict
1987 MLD 507 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Mst. HALIMA BAI through Legal Heirs VS Mst. FARIDA BANO Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ---Ss.14 & 21--Ejectment on ground of default in payment of rent--Rent Controller found to have rightly held that there existed relationship of landlord and tenant between respondent and appellant--Default in payment of rent also proved--Case of eviction had
1987 MLD 507 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Mst. HALIMA BAI through Legal Heirs VS Mst. FARIDA BANO Sindh Rented Premises Ordinance 1979--21 , ---Ss.14 & 21--Ejectment on ground of default in payment of rent--Rent Controller found to have rightly held that there existed relationship of landlord and tenant between respondent and appellant--Default in payment of rent also proved--Case of eviction had been made out and Rent Controller ha
1987 MLD 487 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
JAWED AKHTAR VS Sheikh MUHAMMAD YUNUS Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21--Ejectment--Personal bona fide requirement--Landlord residing on second floor of building, -requiring eviction of his tenant on ground floor for purpose of expanding his business of garments-Landlord admitting in his cr
1987 MLD 487 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
JAWED AKHTAR VS Sheikh MUHAMMAD YUNUS Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21--Ejectment--Personal bona fide requirement--Landlord residing on second floor of building, -requiring eviction of his tenant on ground floor for purpose of expanding his business of garments-Landlord admitting in his cr
1987 MLD 448 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
FAKHRUDDIN VS Shaikh MUHAMMAD KHALID Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ---Ss.14 & 21-Ejectment-Bona fide personal requirement--Landlord Laving two shops l0et out, requirement of same for starting business after retirement from service--Factum of seeking eviction of his tenant from his other shop suppressed--Landlord failing to aver in his applica
1987 MLD 448 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
FAKHRUDDIN VS Shaikh MUHAMMAD KHALID Sindh Rented Premises Ordinance 1979--21 , ---Ss.14 & 21-Ejectment-Bona fide personal requirement--Landlord Laving two shops l0et out, requirement of same for starting business after retirement from service--Factum of seeking eviction of his tenant from his other shop suppressed--Landlord failing to aver in his applications that disputed shops were to be
1987 MLD 438 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Mst. BISMILLAH JAN VS RIAZ MAHMOOD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21--Default in payment of rent--Rent Controller taking into consideration evidence in justification of plea of lump sum payment and receiving of cash by landlord in lieu of cheque in respect of rent for disputed period, while tenant not pleading same-Cheque issued by
1987 MLD 438 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Mst. BISMILLAH JAN VS RIAZ MAHMOOD Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 & 21--Default in payment of rent--Rent Controller taking into consideration evidence in justification of plea of lump sum payment and receiving of cash by landlord in lieu of cheque in respect of rent for disputed period, while tenant not pleading same-Cheque issued by tenant dishonoured on presentation an
1987 MLD 321 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Mst. FATIMA VS JABBAR Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 & 21--Ejectment--Default in payment of rent--Landlord demanding more rent than was paid to him previously--Tenant ready and willing to pay rent at the former rate--Tenant remitted rent through money order which was refused by landlord--Tenant then started depositing rent with Nazir of Civil Court and continued to pay r
1987 MLD 321 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Mst. FATIMA VS JABBAR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21--Ejectment--Default in payment of rent--Landlord demanding more rent than was paid to him previously--Tenant ready and willing to pay rent at the former rate--Tenant remitted rent through money order which was refused by landlord--Tenant then started depositing rent with Nazir
1987 MLD 244 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
AHMAD NASIR KHAN VS Khalifa FATEH MUHAMMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(iii)(b)--eviction of tenant on ground of change in use of premises and infringement of conditions--Expression "house"-Connotation--Where tenancy agreement, described rented premises as house with full detail of its rooms and other things attached to it, identi
1987 MLD 193 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
Mst. NOOR BIBI VS MUHAMMAD YOUNUS Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 (2) (ii) & 21(1)--Ejectment of tenant--Waiver, plea of--Non proven of waiver--Effect--Nothing having been pointed out by tenant which could establish that landlord had given up his right to evict tenant from disputed premises, either expressly or by his conduct, question of waiver, held, would not arise eve
1987 MLD 179 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
HANSRAJ VS Mrs. ZAHIDA ALI Sindh Rented Premises Ordinance 1979--6 , Sindh Rented Premises Ordinance 1979 ---Ss. 6 & 15(2)(i) (a) [as repealed by Sind Rented Premises (Amendment) Ordinance (IV of 1984)--West Pakistan General Clauses Act (IV of 1956), S.4--Tenancy for a fixed term--Right of ejectment on termination of such tenancy under Ss.6 & 15 of Ordinance Sections 6 & 15(2)(i) of Ordinanc
1987 MLD 179 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
HANSRAJ VS Mrs. ZAHIDA ALI Sindh Rented Premises Ordinance 1979--3 , West Pakistan General Clauses Act 1956--4 , --S. 15(2)(i) [as repealed by Sind Rented Premises (Amendment) Ordinance (IV of 1984)] Ss. 3 & 4 & S. 21--Appeal against eviction-Effect on its competency after repeal of S. 15(2)(i) of Ordinance XVII of 1979--Hearing of appeal under the procedural law of rent, being in the nature
1987 MLD 179 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
HANSRAJ VS Mrs. ZAHIDA ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 --S. 15(2)(i) [as repealed by Sind Rented Premises (Amendment) Ordinance (IV of 1984)] Ss. 3 & 4 & S. 21--Appeal against eviction-Effect on its competency after repeal of S. 15(2)(i) of Ordinance XVII of 1979--Hearing of appeal under the procedural law of rent, being in the nature of a
1987 MLD 120 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
GHULAM HUSSAIN MALIK VS SAJIDA MAKHANI Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , ---S.15--Civil Procedure Code (V of 1908) O. XXXIX, Rr. 1 & 2--eviction of tenant--Where owner of property had filed eviction procedings against tenant, such pro
1987 MLD 120 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
GHULAM HUSSAIN MALIK VS SAJIDA MAKHANI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--Civil Procedure Code (V of 1908) O. XXXIX, Rr. 1 & 2--eviction of tenant--Where owner of property had filed eviction procedings against tenant, such proceeding, held, could not be frustrated through collateral means under another proceedings--Application filed by te
1987 MLD 103 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ZAMIR HASAN VS Mst. BATUL Qanun-e-Shahadat Order 1984--122 , ---S. 15 (2) (iii) (a)--eviction on ground of subletting--Evidence on record clearly showing that landlord had failed to establish allegation of subletting against tenant--Rent Controller, held, was not justified in drawing inference of subletting and allowing eviction application particularly when explanation given by tenant was v
1987 MLD 103 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ZAMIR HASAN VS Mst. BATUL Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S. 15 (2) (iii) (a)--eviction on ground of subletting--Evidence on record clearly showing that landlord had failed to establish allegation of subletting against tenant--Rent Controller, held, was not justified in drawing inference of subletting and allowing eviction application partic
1987 CLC 404 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
RABIA BAI FATIMA BAI VS GHULAM MUHAMMAD DONAL Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2)(ii)??Ejectment of tenant on ground of default in payment of rent??Where tenant had remitted rent due, long after filing of eviction application against tenant, mere fact of filing such application before expiry of statutory period to tender rent of premises,
1987 CLC 364 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
FAYYAZ AHMAD KHAN VS AQEEL AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S. 15(2)--Default in payment of rent--Tenant once failed to pay rent within specified time any payment made subsequently to landlord, held, would not entitle him to get application for eviction dismissed on ground that rent had been paid.
1987 PLD 116 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
ZAINAB BAI VS SAFIUDDIN Sindh Rented Premises Ordinance 1979--15 , S. 15-Default in payment of rent and infringement in conditions of agreement-Finding of Rent Controller that no default was committed by tenant not challenged by landlord-As for infringement, lease agreement already expired and no fresh agreement executed--Landlord failing to examine any Engineer or Expert to show that by act
1987 CLC 213 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
MRS. NASIM QURESHI VS DEPUTY ADMINISTRATOR, EVACUEE TRUST PROPERTY, KARACHI Evacuee Trust Properties (Management and Disposal) Act 1975--25 , Evacuee Trust Properties (Management and Disposal) Act 1975 S. 25--Ejectment from evacuee trust property--Conditions for--Person in possession of evacuee trust property could be ejected, there from, if his possession or occupation was unauthorized or c
1987 PLD 608 KARACHI-HIGH-COURT-SINDH
Sindh · 1987
RAFIULLAH KHAN VS IQBAL HUSSAIN Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--21 , Ss. 13 & 21--Appeal, against ejectment--Tenant's default in payment of rent having been 'proved, his appeal against eviction being devoid of merit was dismissed.
1986 SCMR 400 SUPREME-COURT
Supreme Court · 1986
SHAHAB DIN VS ABDUL MAJID Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Arts. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii)--Ejectment--Scheduled building--Personal need of landlord --Ejectment application allowed in appeal--Constitutional petition by tenant, a Tabeeb--Contention that premises was used as shop and reside
1986 SCMR 400 SUPREME-COURT
Supreme Court · 1986
SHAHAB DIN VS ABDUL MAJID Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Arts. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii)--Ejectment--Scheduled building--Personal need of landlord --Ejectment application allowed in appeal--Constitutional petition by tenant, a Tabeeb--Contention that premises was used as shop and reside
1986 SCMR 327 SUPREME-COURT
Supreme Court · 1986
SHER BAN0 VS KHATIJA BAI Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(vi)--Ejectment--Ground of reconstruction--Building plan approved by competent authority--Order of ejectment confirmed by High Court and attained finality--Subsequently, Building Control Authority issued notification suspending approval of those building plans wherein no agreement
1986 SCMR 327 SUPREME-COURT
Supreme Court · 1986
SHER BAN0 VS KHATIJA BAI Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(vi)--Ejectment--Ground of reconstruction--Building plan approved by competent authority--Order of ejectment confirmed by High Court and attained finality--Subsequently, Building Control Authority issued notification suspending approval of those building plans wherein no agreement
1986 SCMR 256 SUPREME-COURT
Supreme Court · 1986
RASHIDA KHATOON VS HAMID ALI NAQVI Constitution of Pakistan 1973--185 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Tenant dying during ejectment proceedings--Counsel/legal representatives remaining sile
1986 SCMR 256 SUPREME-COURT
Supreme Court · 1986
RASHIDA KHATOON VS HAMID ALI NAQVI Constitution of Pakistan 1973--185 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Tenant dying during ejectment proceedings--Counsel/legal representatives remaining sile
1986 SCMR 256 SUPREME-COURT
Supreme Court · 1986
RASHIDA KHATOON VS HAMID ALI NAQVI Constitution of Pakistan 1973--185 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Tenant dying during ejectment proceedings--Counsel/legal representatives remaining sile
1986 SCMR 113 SUPREME-COURT
Supreme Court · 1986
SOOHARO VS RAMZAN Constitution of Pakistan 1973--185 , Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30--eviction--Statutory notice--High
1986 SCMR 113 SUPREME-COURT
Supreme Court · 1986
SOOHARO VS RAMZAN Constitution of Pakistan 1973--185 , Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30--eviction--Statutory notice--High
1986 SCMR 113 SUPREME-COURT
Supreme Court · 1986
SOOHARO VS RAMZAN Constitution of Pakistan 1973--185 , Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30--eviction--Statutory notice--High
1986 SCMR 113 SUPREME-COURT
Supreme Court · 1986
SOOHARO VS RAMZAN Constitution of Pakistan 1973--185 , Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30--eviction--Statutory notice--High
1986 SCMR 81 SUPREME-COURT
Supreme Court · 1986
MUNIR AHMAD VS SALMA BEGUM Constitution of Pakistan 1973--185 , Ejectment--TERM , Sindh Rented Premises Ordinance 1979--21 , ---Art. 185(3),--Sind Rented Premises Ordinance (XVII of 1979), S.21-Ejectment--Coiicurreni findings of fact reached by two Courts below to effect that respondent landlady required demised premises for use of her children and findings fully supported by evidence record
1986 SCMR 81 SUPREME-COURT
Supreme Court · 1986
MUNIR AHMAD VS SALMA BEGUM Constitution of Pakistan 1973--185 , Ejectment--TERM , Sindh Rented Premises Ordinance 1979--21 , ---Art. 185(3),--Sind Rented Premises Ordinance (XVII of 1979), S.21-Ejectment--Coiicurreni findings of fact reached by two Courts below to effect that respondent landlady required demised premises for use of her children and findings fully supported by evidence record
1986 SCMR 81 SUPREME-COURT
Supreme Court · 1986
MUNIR AHMAD VS SALMA BEGUM Constitution of Pakistan 1973--185 , Ejectment--TERM , Sindh Rented Premises Ordinance 1979--21 , ---Art. 185(3),--Sind Rented Premises Ordinance (XVII of 1979), S.21-Ejectment--Coiicurreni findings of fact reached by two Courts below to effect that respondent landlady required demised premises for use of her children and findings fully supported by evidence record
1986 PLD 33 SUPREME-COURT
Supreme Court · 1986
ABDUL AZI VS M.K. ABBASI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , --Art. 185 (3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 14--Ejectment application under S. 13 on ground of default by landlord-Pending such application landlord after retirement from service filed another application under S
1986 PLD 33 SUPREME-COURT
Supreme Court · 1986
ABDUL AZI VS M.K. ABBASI Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973 --Art. 185 (3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 14--Ejectment application under S. 13 on ground of default by landlord-Pending such application landlord after retirement from service filed another application under S. 14 for ejectment relating to same premises-Seco
1986 SCMR 1857 SUPREME-COURT
Supreme Court · 1986
ABDUL AZIZ VS ABDUL GHANI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , --Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15-Petition for leave to appeal--Default in payment of rent-Petitioner landlord himself adopting practice of receiving arrears of rent in lump sum--Such practice in vogue from very beginning of tenancy--Though rent had not b
1986 SCMR 1857 SUPREME-COURT
Supreme Court · 1986
ABDUL AZIZ VS ABDUL GHANI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , --Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15-Petition for leave to appeal--Default in payment of rent-Petitioner landlord himself adopting practice of receiving arrears of rent in lump sum--Such practice in vogue from very beginning of tenancy--Though rent had not b
1986 SCMR 1712 SUPREME-COURT
Supreme Court · 1986
AISHA BAI VS MOBIN KHATOON Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S. 15--eviction of tenant--Bona fide personal requirement of landlord for reconstruction/ erection of building--Building plan approved--Compulsory open space provided in plan as per building rules--Disputed premises falling
1986 SCMR 1712 SUPREME-COURT
Supreme Court · 1986
AISHA BAI VS MOBIN KHATOON Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S. 15--eviction of tenant--Bona fide personal requirement of landlord for reconstruction/ erection of building--Building plan approved--Compulsory open space provided in plan as per building rules--Disputed premises falling
1986 SCMR 1709 SUPREME-COURT
Supreme Court · 1986
NASIR PERVAIZ VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Arts. 185(3) a 199--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Personal need--Bona fide of-Application rejected on g
1986 SCMR 1709 SUPREME-COURT
Supreme Court · 1986
NASIR PERVAIZ VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Arts. 185(3) a 199--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Personal need--Bona fide of-Application rejected on g
1986 SCMR 1709 SUPREME-COURT
Supreme Court · 1986
NASIR PERVAIZ VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Arts. 185(3) a 199--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Personal need--Bona fide of-Application rejected on g
1986 SCMR 1693 SUPREME-COURT
Supreme Court · 1986
MUHAMMAD RAMZAN VS GENERAL IRON STORES Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.13 & 15--Ejectment--Personal need--Bona fide of--Leave to appeal granted to examine questions namely: whether property own
1986 SCMR 1693 SUPREME-COURT
Supreme Court · 1986
MUHAMMAD RAMZAN VS GENERAL IRON STORES Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.13 & 15--Ejectment--Personal need--Bona fide of--Leave to appeal granted to examine questions namely: whether property own
1986 SCMR 1685 SUPREME-COURT
Supreme Court · 1986
MUHAMMAD RAFI VS KHALID RAUF West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Ejectment on ground of personal need and re-construction--Denial of title of landlord by tenant--Application rejected by Rent Controller on ground t
1986 SCMR 1677 SUPREME-COURT
Supreme Court · 1986
ALLAH BAKHSH VS WAHEED (ABDUL WAHEED) Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15-Ejectment--Relationship of landlord and tenant--Respondent tenant taking stand that he 'was owner of property by purchase--Petitioners in view of said stand taken by respondent making prayer for permission to w
1986 SCMR 1677 SUPREME-COURT
Supreme Court · 1986
ALLAH BAKHSH VS WAHEED (ABDUL WAHEED) Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15-Ejectment--Relationship of landlord and tenant--Respondent tenant taking stand that he 'was owner of property by purchase--Petitioners in view of said stand taken by respondent making prayer for permission to w
1986 SCMR 1670 SUPREME-COURT
Supreme Court · 1986
USMA NASSER VS ZAITOON KHATOON Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.21-eviction--Default in payment of rent--Courts below arriving on concurrent findings that tenants were defaulters in payment of rent as alleged by landlord--Findings of Courts below being unexceptionable, leave to app
1986 SCMR 1670 SUPREME-COURT
Supreme Court · 1986
USMA NASSER VS ZAITOON KHATOON Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.21-eviction--Default in payment of rent--Courts below arriving on concurrent findings that tenants were defaulters in payment of rent as alleged by landlord--Findings of Courts below being unexceptionable, leave to app
1986 SCMR 1668 SUPREME-COURT
Supreme Court · 1986
ABDUL KARIM VS SARFRAZ BANI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), Ss.15 21--eviction--Default in payment of Rent--No fault found with impugned judgment of High Court dismissing petitioner tenant's second appeal as no error of law or fact was comm
1986 SCMR 1668 SUPREME-COURT
Supreme Court · 1986
ABDUL KARIM VS SARFRAZ BANI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), Ss.15 21--eviction--Default in payment of Rent--No fault found with impugned judgment of High Court dismissing petitioner tenant's second appeal as no error of law or fact was comm
1986 SCMR 1658 SUPREME-COURT
Supreme Court · 1986
ALI AKBAR RIZVI VS PAK ARMY FURNISHING STORES Order XXXIII of Supreme Court Rules--6 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15-Sind Building Control Ordinance (V of 1979), Ss.6 s 21--Supreme Court Rules, 1980, O.XXXIII, R.6--Karachi Building and Town Planning Regulations, 1979, para. 17--Ejectment--Reconstruction--Sanction of Building Plan--Building Control Author
1986 SCMR 1651 SUPREME-COURT
Supreme Court · 1986
GUL MUHAMMAD VS ASMAT ARA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13(2)(vi)--Ejectment on ground of reconstruction--Erection of building--Requirements--Rent Controller is to be satisfied on basis of evidence produced before him by parties that rented land is reasonably and in good faith required by landlord for reconstruction or erection of a building at site and also
1986 SCMR 1638 SUPREME-COURT
Supreme Court · 1986
MUHAMMAD SARWAR VS MUHAMMAD SBAFI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--103 , ---O. XXI, R. 103--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Ejectment--Suit for possession--Respondent landlord obtaining order of eviction from competent forum--Respondent, held, not required to seek relief of possession afresh in suit filed by him on
1986 SCMR 1605 SUPREME-COURT
Supreme Court · 1986
GHULARN RASOOL SHAH VS KAMAL KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Ejectment--Personal requirement--A room of the house rented out by landlord to tenant which was being used for business purpose--Bona fide need for personal use as Baithak of house-- Ejectment application allowed by Rent Control
1986 SCMR 1605 SUPREME-COURT
Supreme Court · 1986
GHULARN RASOOL SHAH VS KAMAL KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Ejectment--Personal requirement--A room of the house rented out by landlord to tenant which was being used for business purpose--Bona fide need for personal use as Baithak of house-- Ejectment application allowed by Rent Control
1986 SCMR 1528 SUPREME-COURT
Supreme Court · 1986
MUHAMMAD YASIN VS KARIM BAKHSH Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2) (vii) --Ejectment--Personal requirement--Leave to appeal granted to consider question whether landlord could be allowed to lead evidence inconsistent with his plea taken in application for ejectment and eviction
1986 SCMR 1528 SUPREME-COURT
Supreme Court · 1986
MUHAMMAD YASIN VS KARIM BAKHSH Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2) (vii) --Ejectment--Personal requirement--Leave to appeal granted to consider question whether landlord could be allowed to lead evidence inconsistent with his plea taken in application for ejectment and eviction
1986 SCMR 1394 SUPREME-COURT
Supreme Court · 1986
MRS. SHAHNAZ SEHGAL VS MRS. FATIMA ASHRAF Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--16 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.16-Petitioner sub-tenant of premises in dispute, inducted to a part of premises with permission of landlord, paying rent first to original tenant and then depositing same in Court--On failure of original ten
1986 SCMR 1394 SUPREME-COURT
Supreme Court · 1986
MRS. SHAHNAZ SEHGAL VS MRS. FATIMA ASHRAF Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--16 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.16-Petitioner sub-tenant of premises in dispute, inducted to a part of premises with permission of landlord, paying rent first to original tenant and then depositing same in Court--On failure of original ten
1986 SCMR 1042 SUPREME-COURT
Supreme Court · 1986
ALI AKBAR VS TANWEERUL HASSAN Cantonments Rent Restriction Act 1963--17 , ---S. 17--Ejectment--Reconstruction--Finding of Rent Controller that applications for eviction were actuated by mala fide not sustainable on evidence on record--Such finding reversed in appeal and ejectment of tenants granted--Constitution petition by tenants against order of ejectment also failed--Held, no material ex
1986 SCMR 792 SUPREME-COURT
Supreme Court · 1986
GHULARN MURTAZA VS ABDUL REHMAN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---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
1986 SCMR 792 SUPREME-COURT
Supreme Court · 1986
GHULARN MURTAZA VS ABDUL REHMAN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---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
1986 SCMR 751 SUPREME-COURT
Supreme Court · 1986
MUHAMMAD YOUSAF VS MEHRAJ-UD-DIN Constitution of Pakistan 1973--185 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 13-A--Service of notice--Relationship of landlord and tenant--Ejectment on ground of default--Questions arising (i) whether appellant-landlord was required by law to serve a notice on respondents before seeking eviction on ground of defau
1986 CLC 2376 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1986
ADAMJEE VS GHULAM ALI West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15--Ejectment of tenant--Relationship of. landlord and tenant--Landlord in pleading not specifically mentioning that he was claiming to be the landlord as Rent Collector on behalf of and for benefit of his father, the real owner of property in dispute, but gave impression that he himself was owner of sam
1986 CLC 2376 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1986
ADAMJEE VS GHULAM ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13 & 15--Ejectment of tenant--Relationship of. landlord and tenant--Landlord in pleading not specifically mentioning that he was claiming to be the landlord as Rent Collector on behalf of and for benefit of his father, the real owner of property in dispute,
1986 CLC 2103 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1986
SHOAIB AHMED VS MUHAMMAD TARIQ Qanun-e-Shahadat Order 1984--118 , S. 13--Civil Procedure Code (V of 1908), O.V, R. 20--Qanun-eShahadat Order (10 of 1984), Art. 118--eviction order, ex parte-Validity--Discharge of onus--Tenant having not been properly served against whom eviction order was passed as result of substituted service, held, would be deemed to have discharged onus of limitation, se
1986 CLC 2103 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1986
SHOAIB AHMED VS MUHAMMAD TARIQ West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15--Appellate jurisdiction, exercise of--Principles of natural justice having been ignored by Rent Controller while ordering substituted service, High Court in appellate jurisdiction set aside order of eviction of tenant and restored possession there
1986 CLC 2103 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1986
SHOAIB AHMED VS MUHAMMAD TARIQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13--Ejectment proceedings--Tenant, held, would have right to show cause against eviction proceedings initiated by landlord-Mere illusory compliance would not meet requirement of law.
1986 CLC 572 PESHAWAR-HIGH-COURT
KPK · 1986
BASHIR ABMAD VS ABDUS SALAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13--eviction of tenant--Mistake in description of rented property- Effect--Mistake in description of property wherefrom eviction of tenant was sought, held, could be corrected at any stage of proceedings--eviction application could not be dismissed on g
1986 CLC 846 LAHORE-HIGH-COURT-LAHORE
Punjab · 1986
MUHAMMAD IQBAL VS MANZOOR ELAHI Constitution of Pakistan 1973--199 , S. 13---Constitution of Pakistan (1973), Art.199--eviction of tenant--49 . Relationship of landlord and tenant--Points to be determined--Premises in possession of petitioner admittedly was portion of building which belonged to non-Muslim evacuee--Said non-Muslim evacuee disposed of entire building through several sale trans
1986 CLC 846 LAHORE-HIGH-COURT-LAHORE
Punjab · 1986
MUHAMMAD IQBAL VS MANZOOR ELAHI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Constitution of Pakistan (1973), Art.199--eviction of tenant--49 . Relationship of landlord and tenant--Points to be determined--Premises in possession of petitioner admittedly was portion of building which belonged to non-Muslim evacuee--Said
1986 MLD 793 LAHORE-HIGH-COURT-LAHORE
Punjab · 1986
RAFIUDDIN VS ADDITIONAL DISTRICT/JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.15--eviction--Default in payment of rent--Tenant not depositing rent in name of landlord but in name of predecessor-in-interest of such landlord--Deposit of rent, held, was not lawful tender of rent Order of ejectment maintained in circumst
1986 MLD 722 LAHORE-HIGH-COURT-LAHORE
Punjab · 1986
MUHAMMAD RAFI VS KHALID RAUF AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss. 13 & 15--Ejectment of tenant ordered by appellate Court on his finding that relationship of landlord and tenant existed and tenant wrongly denied same--Order of ejectment upheld--Contention that Rent Controller framed no issues with regard to
1986 MLD 722 LAHORE-HIGH-COURT-LAHORE
Punjab · 1986
MUHAMMAD RAFI VS KHALID RAUF AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.14 & 13--Ejectment--Ground of personal requirement and reconstruction--eviction petition filed by landlord earlier dismissed for default of non-appearance--Landlord , held, was not debarred to file a fresh application on same grounds.
1986 MLD 722 LAHORE-HIGH-COURT-LAHORE
Punjab · 1986
MUHAMMAD RAFI VS KHALID RAUF AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--14 , ---Ss.14 & 13--Ejectment--Ground of personal requirement and reconstruction--eviction petition filed by landlord earlier dismissed for default of non-appearance--Landlord , held, was not debarred to file a fresh application on same grounds.
1986 MLD 653 LAHORE-HIGH-COURT-LAHORE
Punjab · 1986
ABDUL KHALIL VS ABDUL AZIZ Cantonments Rent Restriction Act 1963--24 , Code of Civil Procedure 1908--115 , ---Ss.17 & 24--Civil Procedure Code (V of 1908), S.115-eviction order--Dismissal of appeal--Finality of order--Executing Court- Jurisdiction--Civil Revision-- Competency-- eviction order passed by Rent Controller had attained finality with dismissal of appeal against such order--Executi
1986 MLD 653 LAHORE-HIGH-COURT-LAHORE
Punjab · 1986
ABDUL KHALIL VS ABDUL AZIZ Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---Ss.17 & 24--Civil Procedure Code (V of 1908), S.115-eviction order--Dismissal of appeal--Finality of order--Executing Court- Jurisdiction--Civil Revision-- Competency-- eviction order passed by Rent Controller had attained finality with dismissal of appeal against such order--Execu
1986 MLD 653 LAHORE-HIGH-COURT-LAHORE
Punjab · 1986
ABDUL KHALIL VS ABDUL AZIZ Cantonments Rent Restriction Act 1963--24 , Code of Civil Procedure 1908--115 , ---Ss.17 & 24--Civil Procedure Code (V of 1908), S.115-eviction order--Dismissal of appeal--Finality of order--Executing Court- Jurisdiction--Civil Revision-- Competency-- eviction order passed by Rent Controller had attained finality with dismissal of appeal against such order--Executi
1986 MLD 566 LAHORE-HIGH-COURT-LAHORE
Punjab · 1986
MUMTAZ KHANUM VS MEHR DIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , ---S.13--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2--eviction application--Notice under S.30--Requirement of--eviction application against tenant, having been filed by lawful transferee of
1986 MLD 566 LAHORE-HIGH-COURT-LAHORE
Punjab · 1986
MUMTAZ KHANUM VS MEHR DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2--eviction application--Notice under S.30--Requirement of--eviction application against tenant
1986 CLC 2642 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
TRAVEL EXPRESS LTD. VS SERVICES CLUB Constitution of Pakistan 1973--199 , Constitution of Pakistan 1973 Art. 199--Central Government and Buildings (Recovery of Possession) Ordinance (LI V of 1965) , Ss. 3 & 9---Agreement of occupation of shop-eviction--Show cause--Principles of natural justice requiring show-cause notice being part of every law, every person, held, must have opportunity of b
1986 CLC 2642 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
TRAVEL EXPRESS LTD. VS SERVICES CLUB Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--9 , Art. 199--Central Government and Buildings (Recovery of Possession) Ordinance (LI V of 1965) , Ss. 3 & 9---Agreement of occupation of shop-eviction--Show cause--Principles of natural justic
1986 CLC 2628 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SAMIULLAH VS BEGUM JAHAN Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21--Bona fide requirement--Landlord requiring shop for his sons who were doing embroidery work in their house--Evidence produced by landlord showing that said business was started by her sons about same time when agreement was executed--Landlord's own statement in cross-examination also making it clear that her sons
1986 CLC 2628 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SAMIULLAH VS BEGUM JAHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 21--Bona fide requirement--Landlord requiring shop for his sons who were doing embroidery work in their house--Evidence produced by landlord showing that said business was started by her sons about same time when agreement was executed--Landlord's own statement in cross-examinati
1986 CLC 2550 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD ALI VS MUHAMMAD YAQUB Sindh Rented Premises Ordinance 1979--15-A , Ss. 15, 15-A a 21(1)--eviction of tenant--Entitlement of landlord--Reletting of premises--Check on--Mere demand of enhanced rent by landlord, held, would not disentitle him to seek eviction of tenant--Check has been provided under S.15-A of Ordinance XVII of 1979 against reletting of premises after getting same vacat
1986 CLC 2477 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
IQBAL GHAZI VS FERZANA AKHTAR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15--eviction--Ex parte order--Plea of fraud--Whether liable to be set aside--Matter settled between parties--Respondent assured appellant to withdraw case--Appellant not appearing before Rent Controller in pursuance of settlement--Rent Controller expressing lack of jurisdiction to
1986 CLC 1967 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
IRFAN VS GUL AHMAD PARACHA Civil Procedure Code --Order XXXII of C.P.C. Suits by or Against Minors and Persons of Unsound Mind--3 , Sindh Rented Premises Ordinance 1979--21 , Ss. 16(1)(2) & 21(1)--Civil Procedure Code (V of 1908), 0. XXXII, R.3--Real tenant--Determination--Tentative rent order--Noncompliance--Striking off defence--Fact that premises in dispute was taken on rent by father of
1986 CLC 1967 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
IRFAN VS GUL AHMAD PARACHA Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 Ss. 16(1)(2) & 21(1)--Civil Procedure Code (V of 1908), 0. XXXII, R.3--Real tenant--Determination--Tentative rent order--Noncompliance--Striking off defence--Fact that premises in dispute was taken on rent by father of minor (appellant) showing himself as appellant was proved--Contentio
1986 CLC 1967 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
IRFAN VS GUL AHMAD PARACHA Civil Procedure Code --Order XXXII of C.P.C. Suits by or Against Minors and Persons of Unsound Mind--3 , Sindh Rented Premises Ordinance 1979--21 , Ss. 16(1)(2) & 21(1)--Civil Procedure Code (V of 1908), 0. XXXII, R.3--Real tenant--Determination--Tentative rent order--Noncompliance--Striking off defence--Fact that premises in dispute was taken on rent by father of
1986 CLC 1965 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ABDUL LATIF KHAN VS YAMIN ALI Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21(1)--Personal requirement of landlord--Further evidence-Production of--Application for--Landlord made application before Rent Controller during pendency of case to produce further evidence to prove his personal requirement on ground that after production of his evidence in his e
1986 CLC 1878 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SAHEB JAN VS MUHAMMAD ASLAM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--3 , S. 15--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 3(2)--Repeal of evacuee laws--Effect-Following repeal of evacuee laws
1986 CLC 1878 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SAHEB JAN VS MUHAMMAD ASLAM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--3 , S. 15--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 3(2)--Repeal of evacuee laws--Effect-Following repeal of evacuee laws
1986 CLC 1770 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
PAKISTAN INSTITUTE OF INTERNATIONAL AFFAIRS, KARACHI VS ABBAS AHMED KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15(2)(ii) & 21(1)--Default--Payment of rent subsequent to filing of eviction petition--Liability of tenant to ejectment--Tenant failed to pay rent of premises in accordance with terms of tenancy of agreement between parties--Default in p
1986 CLC 1770 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
PAKISTAN INSTITUTE OF INTERNATIONAL AFFAIRS, KARACHI VS ABBAS AHMED KHAN Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(ii) & 21(1)--Default--Payment of rent subsequent to filing of eviction petition--Liability of tenant to ejectment--Tenant failed to pay rent of premises in accordance with terms of tenancy of agreement between parties--Default in payment of rent once having been commi
1986 CLC 1760 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
BAKHTIAR AHMED VS GHULAM QADIR KHAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--21 , Ss. 2(f), 14 & 21(1)--Landlord--Meaning--Entitlement to file eviction petition--Premises in question admittedly belonged to minor sons of landlord--Landlord retired from service and was asked to vacate official accommodation and he himself did not own any other building--
1986 CLC 1760 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
BAKHTIAR AHMED VS GHULAM QADIR KHAN Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 Ss. 2(f), 14 & 21(1)--Landlord--Meaning--Entitlement to file eviction petition--Premises in question admittedly belonged to minor sons of landlord--Landlord retired from service and was asked to vacate official accommodation and he himself did not own any other building--Landlor
1986 CLC 1754 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
GHAZANFAR AHMAD RIZVI VS IQBALUL HAQ Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15(2)(ii) & 21(1)--Default in payment of rent--Proof--Report of Nazir clearly showed default in depositing rent of certain period in Court--Tenant failed to produce receipts of rent--Burden to prove payment of rent was on tenant, which he failed to discharge--eviction orde
1986 CLC 1754 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
GHAZANFAR AHMAD RIZVI VS IQBALUL HAQ Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(ii) & 21(1)--Default in payment of rent--Proof--Report of Nazir clearly showed default in depositing rent of certain period in Court--Tenant failed to produce receipts of rent--Burden to prove payment of rent was on tenant, which he failed to discharge--eviction order by Rent Controller on ground of def
1986 CLC 1749 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
IQBALUL HAQUE VS BEGUM LAFFARI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss . 15 (2) (vii) & 21(1)--Personal bona fide requirement--Proof-Averments made in eviction application about personal requirement of landlord and his family members was fully supported in deposition of landlord--Nothing was brought out in cross-examination which could show his clai
1986 CLC 1749 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
IQBALUL HAQUE VS BEGUM LAFFARI Sindh Rented Premises Ordinance 1979--21 , Ss . 15 (2) (vii) & 21(1)--Personal bona fide requirement--Proof-Averments made in eviction application about personal requirement of landlord and his family members was fully supported in deposition of landlord--Nothing was brought out in cross-examination which could show his claim to be false or based on wrong state
1986 CLC 1747 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
HAMEED VS MUHAMMAD MASHOOQ Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15(2)(vii) & 21(1)--Personal requirement--Bona fide--Proof-Assertion of landlord on oath as to requirement of premises for his personal use, held, had to be accepted as bona fide if consistent with his averment in his eviction application and not shaken in cross-examination or disproved in rebuttal.
1986 CLC 1747 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
HAMEED VS MUHAMMAD MASHOOQ Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15(2)(vii) & 21(1)--Personal requirement--Bona fide--Proof-Assertion of landlord on oath as to requirement of premises for his personal use, held, had to be accepted as bona fide if consistent with his averment in his eviction application and not shaken in cross-examination or di
1986 CLC 1743 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
IRAN SHAH VS ALI MUHAMMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15, 19(2) & 21(1)--Ejectment of tenant--Ground--Default in payment of rent--Damage to property--Personal use--Non-production of defence by tenant--Effect--Landlords filed ejectment application on grounds of default in payment of rent, damage to property and personal use--Tenant faile
1986 CLC 1743 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
IRAN SHAH VS ALI MUHAMMAD Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15, 19(2) & 21(1)--Ejectment of tenant--Ground--Default in payment of rent--Damage to property--Personal use--Non-production of defence by tenant--Effect--Landlords filed ejectment application on grounds of default in payment of rent, damage to property and personal use--Tenant
1986 CLC 1653 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
KARIMULLAH VS M. GULZAR BUTT Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21--Ejectment--Default in payment of rent--Landlords admission in cross-examination that a specified amount of tenant was lying with him as fixed deposit--Effect--Amount admitted by landlord being precisely equal to amount claimed by landlord as rent arrears--If necessary adjustment was made, no arrears would be
1986 CLC 1653 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
KARIMULLAH VS M. GULZAR BUTT Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 21--Ejectment--Default in payment of rent--Landlords admission in cross-examination that a specified amount of tenant was lying with him as fixed deposit--Effect--Amount admitted by landlord being precisely equal to amount claimed by landlord as rent arrears--If necessary adj
1986 CLC 1565 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD UMAR HASAN VS TAHZIBA KHATOON Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21(1)--eviction of tenant--Default in payment of rent--Burden of proof--Failure to discharge--Tenant in his written statement and affidavit-in-evidence stated that he had paid rent of premises to landlady but she did not issue receipts thereof--Tenant in his cross-examina
1986 CLC 1544 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
RASHEED AHMAD VS MATLOOB JAHAN BEGUM Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 Ss. 16(1)(2) & 21(1)--Tentative rent order--Breach of--Striking off defence--Particulars of alleged default in payment of arrears of rent neither were given in application filed by landlord for striking off defence, nor in affidavit filed in support of alleged default--Report
1986 CLC 1544 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
RASHEED AHMAD VS MATLOOB JAHAN BEGUM Sindh Rented Premises Ordinance 1979--21 , Ss. 16(1)(2) & 21(1)--Tentative rent order--Breach of--Striking off defence--Particulars of alleged default in payment of arrears of rent neither were given in application filed by landlord for striking off defence, nor in affidavit filed in support of alleged default--Report of 'Nazir' regarding alleged default
1986 CLC 1549 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ABDUL QADAR VS QAISER JAHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15(2)(ii) & 21(1)--Default--Rent deposited in Court--Entire rent for relevant period of default admittedly was deposited by tenant with Rent Controller much before filing of eviction application--Landlady alleged that prior to filing of eviction application, she served registered n
1986 CLC 1549 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ABDUL QADAR VS QAISER JAHAN Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(ii) & 21(1)--Default--Rent deposited in Court--Entire rent for relevant period of default admittedly was deposited by tenant with Rent Controller much before filing of eviction application--Landlady alleged that prior to filing of eviction application, she served registered notice on tenant demanding payment of
1986 CLC 1530 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD VAKIL VS MUHAMMAD YASIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15--Ejectment of tenant for non-payment of rent--Landlord serving notice to tenant to stop depositing rent in Court and to make payment of monthly rent to him directly--Tenant not complying with such notice-Till filing of eviction petition tenant did not pay rent or tender same
1986 CLC 1525 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD ABDUL ALEEM VS WAJAHAT ALI Sindh Rented Premises Ordinance 1979--21 , Ss. 16(1)(2) & 21(1)--Striking off defence--Application for-Rejection--Application for striking off defence due to non-compliance of tentative rent order was rejected by Rent Controller--- Rejection order of Rent Controller was set aside in interest of justice and case was remanded to Rent Controller with consent
1986 CLC 1525 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD ABDUL ALEEM VS WAJAHAT ALI Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 Ss. 16(1)(2) & 21(1)--Striking off defence--Application for-Rejection--Application for striking off defence due to non-compliance of tentative rent order was rejected by Rent Controller--- Rejection order of Rent Controller was set aside in interest of justice and case was rema
1986 CLC 1520 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ZAIBUNNISA VS SULTAN AHMAD Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21(1)--Civil Procedure Code (V of 1908), S. 12(2)--Plea of fraud and misrepresentation--Application before Rent Controller--- Competency of--First Rent Appeal against eviction order passed by Rent Controller in respect of property in dispute was dismissed by High Court--Petition for
1986 CLC 1520 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ZAIBUNNISA VS SULTAN AHMAD Code of Civil Procedure 1908--12 , S. 21(1)--Civil Procedure Code (V of 1908), S. 12(2)--Plea of fraud and misrepresentation--Application before Rent Controller--- Competency of--First Rent Appeal against eviction order passed by Rent Controller in respect of property in dispute was dismissed by High Court--Petition for special leave to appeal was also dismissed by
1986 CLC 1509 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD ISMAIL VS SULTAN MUHAMMAD Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 Ss. 14 & 21(1)--eviction application--Maintainability of-eviction application filed by retired landlord under section 14 of Ordinance, 1979 was dismissed on ground that no prior notice in accordance with law was sent by landlord to tenant--Dismissal order of Rent Controller, on
1986 CLC 1509 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD ISMAIL VS SULTAN MUHAMMAD Sindh Rented Premises Ordinance 1979--15-A , Sindh Rented Premises Ordinance 1979 --Ss. 15-A & 21(1)--eviction of tenant--Safeguard against reletting-Safeguard against reletting premises to someone else after getting tenant evicted on ground of personal need, having been provided in law--Tenant, held, could be put back in possession if landlord did not occu
1986 CLC 1509 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD ISMAIL VS SULTAN MUHAMMAD Sindh Rented Premises Ordinance 1979--21 , Ss. 14 & 21(1)--eviction application--Maintainability of-eviction application filed by retired landlord under section 14 of Ordinance, 1979 was dismissed on ground that no prior notice in accordance with law was sent by landlord to tenant--Dismissal order of Rent Controller, on appeal, was set aside and matter was
1986 PLD 341 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
RAZIA BEGUM VS GHULAM SARWAR MALIK Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--21 , Ss. 14 & 21-eviction-Bona fide requirement-Determination of Question of bona fide and genuineness of requirement of landlord for premises, held, could not be investigated into by Rent Controller in proceedings under S. 14-Scope of enquiry under S. 14 would be limited to de
1986 PLD 341 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
RAZIA BEGUM VS GHULAM SARWAR MALIK Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--21 , Ss. 14 & 21-eviction-Bona fide requirement-Determination of Question of bona fide and genuineness of requirement of landlord for premises, held, could not be investigated into by Rent Controller in proceedings under S. 14-Scope of enquiry under S. 14 would be limited to de
1986 CLC 1479 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD SAMI VS TAHIR MUHAMMAD KHAN SURI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15(2)(vii) & 21(1)--Reasonable and bona fide requirement-Proof--Mere wish, convenience, whim or fancy of landlord was not to be considered, but reasonable and bona fide requirement was to be proved for getting eviction of tenant--Landlord had retired from Government s
1986 CLC 1479 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD SAMI VS TAHIR MUHAMMAD KHAN SURI Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(vii) & 21(1)--Reasonable and bona fide requirement-Proof--Mere wish, convenience, whim or fancy of landlord was not to be considered, but reasonable and bona fide requirement was to be proved for getting eviction of tenant--Landlord had retired from Government service and was jobless--Landlord disc
1986 CLC 1367 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
RAUF HUSSAIN QURESHI VS MUHAMMAD NAQI JUMLANA Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21--Appeal against eviction--Order of Rent Controller passed on 30th May, 1985--Application for grant of certified copy filed on 15th July, 1985--Copy granted on same date--Appeal filed on 20-7-1985, held, would be beyond time as application for certified copy of j
1986 CLC 1362 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
DAWOOD CORPORATION LTD. VS PAKISTAN INDUSTRIAL DEVELOPMENT CORPORATION West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15(4)--Appellate jurisdiction, exercise of--Second rent appeal before High Court against order of eviction--Concurrent findings of Courts below neither based on misreading of evidence nor on perverse appreciati
1986 CLC 1109 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MRS. DHUNMAI PHIROZE DALAL VS MRS. FRENY A. CAVINA Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , S, 13(2)(i)(ii), (iii), (iv), (v), (vi) & (3)(a)(i) & (ii)--Sind Rented Premises Ordinance (XVII of 1979), Ss. 14 s 15--Transfer of Property Act (IV of 1882), S. 108 (q)--Landlord's right to eviction of tenant-Impairment of--Breach of condition of tenancy b
1986 CLC 1109 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MRS. DHUNMAI PHIROZE DALAL VS MRS. FRENY A. CAVINA West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13--eviction of tenant--Mode of--Tenant in possession of building or rented land, held, would not be evicted there from in execution of decree passed be a or after commencement of Ordinance VI of 1959 or otherwise, before or after
1986 CLC 1100 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
AKHLAQ-UN-NABI VS NAWAB AHMAD SHAMSI Sindh Rented Premises Ordinance 1979--PREAMBLE , Sindh Rented Premises Ordinance 1979 ---Preamble & S. 15--eviction of tenant--Purpose of Ordinance outlined--Tenant, held, could be evicted only in accordance with provisions of S. 15 and not otherwise.
1986 CLC 953 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ROSHAN ALI VS THE STANDARD INSURANCE CO. LTD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S. 15--Ejectment--Subletting of premises by tenant--Effect--Tenant acquiring premises in personal capacity, held, could not establish office of Limited Company having separate legal entity, without permission of landlord--Setting up of such office in premises would
1986 CLC 912 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
GOVERNMENT OF SIND VS DISTRICT JUDGE, KARACHI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S.17 (8) (9)--Suit for ejectment-- Deposit of arrears--Requirement for--Tenant, held, would not be allowed to contest application for eviction, unless arrears of rent due in respect of premises were deposited by such tenant and future rent thereafter--Failure to
1986 CLC 912 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
GOVERNMENT OF SIND VS DISTRICT JUDGE, KARACHI Cantonments Rent Restriction Act 1963--PREAMBLE , Cantonments Rent Restriction Act 1963 Preamble and S.17--Ejectment--Relationship of landlord and tenant-Proof--Exclusion of jurisdiction of Rent Controller--eviction application would be maintainable where relationship of landlord and tenant was proved to exist between parties--In absence of such
1986 CLC 912 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
GOVERNMENT OF SIND VS DISTRICT JUDGE, KARACHI Constitution of Pakistan 1973--199 , S.17 (8), (9)--Constitution of Pakistan (1973), Art. 199--Constitutional jurisdiction, exercise of--Rent Controller, failed to decide relationship of landlord and tenant between parties and ordering eviction from premises without such determination of relationship--High Court in exercise of constitutional juri
1986 CLC 808 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUSLIM COMMERCIAL BANK LTD. VS JAMEEL AHMED West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss.15(2)(vii) & 21(1)--West Pakistan Urban .Rent Restriction Ordinance (VI of 1959), S.13(3) (first proviso)--personal bona fide requirement--eviction of tenant--Right of landlord--Where tenancy was for indefinite period--Neither first proviso to section 13(3) of Ordinance 1959 nor any pr
1986 CLC 808 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUSLIM COMMERCIAL BANK LTD. VS JAMEEL AHMED Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 Ss. 2(J), 15(2)(vu) & 21(1)--Period of tenancy--Agreement for- Personal bona fide requirement-eviction---application--Maintainability-Specified period of tenancy mentioned in agreement of tenancy could held, not limit or restrict right of landlord to file application for
1986 CLC 808 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUSLIM COMMERCIAL BANK LTD. VS JAMEEL AHMED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15(2)(vii) & 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959) (Repealed), S.13 (3) (first proviso) ---Repealed----Ordinance--Effect on rights and liabilities of parties--Contention of tenant that in spite of repeal of Ordinance VI of1959, rights
1986 CLC 808 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUSLIM COMMERCIAL BANK LTD. VS JAMEEL AHMED Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15(2)(vii) & 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959) (Repealed), S.13 (3) (first proviso) ---Repealed----Ordinance--Effect on rights and liabilities of parties--Contention of tenant that in spite of repeal of Ordinance VI of1959, rights and liabilities of parties would con
1986 CLC 735 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ASHRAF ALI VS ALI MUHAMMAD KHAN Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(2)(i)--Default--eviction petition filed before expiry of statutory period to tender rent--Tenant admittedly failed to tender or pay rent of premises even after filing of eviction petition and until rent ord
1986 CLC 735 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ASHRAF ALI VS ALI MUHAMMAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(2)(i)--Default--eviction petition filed before expiry of statutory period to tender rent--Tenant admittedly failed to tender or pay rent of premises even after filing of eviction petition and until rent order was passed--Content
1986 CLC 713 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SHIRIN HATIM VS KUTABUDDIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15--Ejectment on ground of subletting and material alteration in premises without prior written consent of landlord--Failure to prove damage to premises reducing value and utility of same, held, would not make tenant liable to be evicted on such basis--Likelihood of such damage or im
1986 CLC 693 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
REHMAT KHAN VS KHUDA BUX Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---S.21(1)--Premature eviction application--Effect-_-Contention of tenant that eviction application was incompetent being prematured as it was filed before some days of expiry of tenancy agreement was repelled because results on merits would not be different if application would be filed
1986 MLD 2976 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ABDUL SATTAR AZIZI VS NOOR MUHAMMAD Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 & 21--eviction of tenant--Appeal--Relationship of landlord and tenant--Proof--Tenants denying relationship of landlord and tenant between parties--Production of documents at appellate stage sought by tenant to negative claim of ownership of landlord--Documents which remained unp
1986 MLD 2976 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ABDUL SATTAR AZIZI VS NOOR MUHAMMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21--eviction of tenant--Appeal--Relationship of landlord and tenant--Proof--Tenants denying relationship of landlord and tenant between parties--Production of documents at appellate stage sought by tenant to negative claim of ownership of landlord--Documents which re
1986 MLD 2976 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ABDUL SATTAR AZIZI VS NOOR MUHAMMAD Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 & 21--eviction of tenant--Appeal--Relationship of landlord and tenant--Proof--Tenants denying relationship of landlord and tenant between parties--Production of documents at appellate stage sought by tenant to negative claim of ownership of landlord--Documents which remained unp
1986 MLD 2975 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ABDUL LATIF VS ABDUL FAZAL ABDUL HANNAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(ii)--Payment of rent after commission of default--Effect--Rent paid by tenant after commission of default before filing of eviction application against him, held, would be of little significance and such payment could not erase consequences of default already com
1986 MLD 2930 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
RASHID KHAN VS SHUJAHUDDIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21(1)--eviction application, maintainability of—eviction application filed by attorney of landlord against tenant without exceeding powers conferred on' him through power of attorney,- validly executed in his favour, held, would be maintainable.
1986 MLD 2743 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
PARTAB RAI VS KABIR KHAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ---S .14--eviction--Rights and disqualifications of landlord--Provisions of S.14 of Ordinance, 1979, do not give unfettered rights to every person, who has attained age of sixty years or has retired or is widow or orphan to seek eviction of tenant due to certain disqualifications prescrib
1986 MLD 2743 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
PARTAB RAI VS KABIR KHAN Eviction--TERM , ---S .14--eviction--Rights and disqualifications of landlord--Provisions of S.14 of Ordinance, 1979, do not give unfettered rights to every person, who has attained age of sixty years or has retired or is widow or orphan to seek eviction of tenant due to certain disqualifications prescribed therein--Such disqualifications would be in case where landl
1986 MLD 2125 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
BAGH ALI VS ABDUR RASHID Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--Ejectment of tenant--Default in payment of rent--Upper storey being part and parcel of building transferred to landlord, non-payment of rent, thereof, to such landlord, held, would amount to default, for which tenant would be liable to eviction.
1986 MLD 2020 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SHEERIN BAI VS MUHAMMAD HANIF West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13(5-B)--Sind Rented Premises Ordinance (XVII of 1979), S.21(1)--Right of tenant for restriction of possession--Right asserted by tenant under S.13(5-B) of Ordinance VI of 1959 for restoration of possession of shop in reconstructed building; held, c
1986 MLD 2020 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SHEERIN BAI VS MUHAMMAD HANIF Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979--22 , ---S.13(5-B)--Sind Rented Premises Ordinance (XVII of 1979), S.21(1)--Right of tenant for restriction of possession--Right asserted by tenant under S.13(5-B) of Ordinance VI of 1959 for restoration of possession of shop in reconstructed building; held, could not be defeated by
1986 MLD 1788 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SADIQA BEGUM WAHEEDUDDIN VS CRESCENT PAK INDUSTRIES LTD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.15(2)(vii) &.21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.l3(3)(a)(i)--eviction of tenant--Personal bona fide requirement--Requirements to make out cause of action--There were three requirements t
1986 MLD 1682 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
JAMAL BIBI VS HABIB Sindh Rented Premises Ordinance 1979--21 , ---Ss.14(1)(3) & 21(1)--Notice--Object of--Ejectment application filed before expiry of notice--eviction application filed by landlord under S.14(3) of Ordinance XVII of 1979 a few days before expiry of such notice, held, would not suffer from any defect and would be competent.
1986 MLD 1682 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
JAMAL BIBI VS HABIB Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ---Ss.14(1)(3) & 21(1)--Notice--Object of--Ejectment application filed before expiry of notice--eviction application filed by landlord under S.14(3) of Ordinance XVII of 1979 a few days before expiry of such notice, held, would not suffer from any defect and would be competent.
1986 MLD 1641 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
TANVEER MEHBOBB VS SALAH BHAI ABDUL HUSSAIN TAPAL Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---S .21(1)--Appellate jurisdiction, exercise of--Appellant, held, could not be permitted to set up case in appeal different from what was set up by him before Rent Controller--In, case appellants had learnt actual facts during pendency of eviction application bef
1986 MLD 1638 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ABDUL REHMAN GORA VS ASYA SULTANA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15(2)(vii) & 21(1)--Personal requirement--Proof--Assertion of landlord or his attorney on oath as to requirement of premiss for personal use or for use of his children, held, had to be accepted if consistent with averments made in eviction application, not shaken in cross-e
1986 MLD 1638 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ABDUL REHMAN GORA VS ASYA SULTANA Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2)(vii) & 21(1)--Personal requirement--Proof--Assertion of landlord or his attorney on oath as to requirement of premiss for personal use or for use of his children, held, had to be accepted if consistent with averments made in eviction application, not shaken in cross-examination or disproved in rebuttal.
1986 MLD 1630 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD IMTIAZ VS ABDUL AZIZ Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15(2)(vii) & 21(1)--Personal bona fide requirement--Proof--Burden being on landlord to prove personal bona fide requirement in respect of disputed premises, such burden, held, could only be discharged by adducing sufficient and cogent evidence-in that respect--Landlord, having
1986 MLD 1630 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD IMTIAZ VS ABDUL AZIZ Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15(2)(vii) & 21(1)--Personal bona fide requirement--Proof--Burden being on landlord to prove personal bona fide requirement in respect of disputed premises, such burden, held, could only be discharged by adducing sufficient and cogent evidence-in that respect--Landlord, having failed to discharge such burden by n
1986 MLD 1595 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MACK INDUSTRIES VS ABDUL KARIM Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ---Ss .2(b) , 15(2) (vii) & 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Perso-ial bona fide requirement-Phrase "personal use" as defined in S.2(g) of Ordinance, 1979 would mean, use of premises by owner thereof, his wife (or husband) son or daughter--Def
1986 MLD 1595 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MACK INDUSTRIES VS ABDUL KARIM West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss .2(b) , 15(2) (vii) & 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Perso-ial bona fide requirement-Phrase "personal use" as defined in S.2(g) of Ordinance, 1979 would mean, use of premises by owner thereof, his wife (or husband) son or daughter--Definition, held, could
1986 MLD 1587 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ABRAR HUSSAIN VS A. F. FURTADO Qanun-e-Shahadat Order 1984--132 , ---Ss. 13(3)(a)(i) & 15--Qanun-e-Shahadat Order (10 of 1984), Art. 132--Plea of personal requirement of landlord not controverted by tenant in examination-in-chief before Court, held, and would remain un-rebutted arid unchallenged resulting eviction of tenant on such plea.
1986 CLC 632 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD YASIN VS ABDUL LATEEF ISSANI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 24--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--"Building" or "rented land" --Definition--Ejectment of tenant--Ice factory--Only factory room rented out to tenant--Machinery installed by tenant--Jurisdiction of Rent Controller--Ouster of--Befor
1986 CLC 632 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MUHAMMAD YASIN VS ABDUL LATEEF ISSANI Sindh Rented Premises Ordinance 1979--24 , Ss. 15 & 24--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--"Building" or "rented land" --Definition--Ejectment of tenant--Ice factory--Only factory room rented out to tenant--Machinery installed by tenant--Jurisdiction of Rent Controller--Ouster of--Before a factory was considered to be oust
1986 MLD 1310 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ISMAIL VS GUL INAYAT SHAH Code of Civil Procedure 1908--12 , Code of Civil Procedure 1908 ---Ss. 12(2) & 141--Sind Rented Premises Ordinance (XVII of 1979), Ss. 15 & 21--Ex parte order setting aside of--Application of tenant for setting aside ex parte order of eviction made under S. 12(2), Civil Procedure Code which was not applicable to rent proceedings--Neither tenant nor his Advocate appe
1986 MLD 1310 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ISMAIL VS GUL INAYAT SHAH Code of Civil Procedure 1908--141 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 12(2) & 141--Sind Rented Premises Ordinance (XVII of 1979), Ss. 15 & 21--Ex parte order setting aside of--Application of tenant for setting aside ex parte order of eviction made under S. 12(2), Civil Procedure Code which was not applicable
1986 MLD 1310 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ISMAIL VS GUL INAYAT SHAH Code of Civil Procedure 1908--141 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 12(2) & 141--Sind Rented Premises Ordinance (XVII of 1979), Ss. 15 & 21--Ex parte order setting aside of--Application of tenant for setting aside ex parte order of eviction made under S. 12(2), Civil Procedure Code which was not applicable
1986 MLD 1284 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
FARZAND ALI VS KHADIJA BEGUM Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21--Appellate jurisdiction, exercise of--Where default was proved and case was also made out for bona fide personal requirement of landlord, High Court refused to set aside order of eviction against tenant in appellate jurisdiction.
1986 PLD 206 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ABDUL KARIM VS HAJI AHMED Sindh Rented Premises Ordinance 1979--18 , S.18-Change of ownership of premises--Notice of-Provision of notice in cases of change of ownership by sale, gift, inheritance or by other mode, held, would not apply to case in which order of eviction had already been passed by Rent Controller after giving finding that tenant had committed default.
1986 MLD 1226 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SHAHID HUSSAIN VS ABDUL HAFEEZ KHAN Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Sindh Rented Premises Ordinance 1979--22 , ---Ss. 21 & 22--Civil-,Procedure Code (V of 1908), .0.11,R. 10-Ejectment of tenant--Execution proceedings-- Impleading of parties, justification for--Person who was not in possession of property in dispute nor was party in earlier ejectment proceeding
1986 MLD 1226 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SHAHID HUSSAIN VS ABDUL HAFEEZ KHAN Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Sindh Rented Premises Ordinance 1979--22 , ---Ss. 21 & 22--Civil-,Procedure Code (V of 1908), .0.11,R. 10-Ejectment of tenant--Execution proceedings-- Impleading of parties, justification for--Person who was not in possession of property in dispute nor was party in earlier ejectment proceeding
1986 MLD 1226 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SHAHID HUSSAIN VS ABDUL HAFEEZ KHAN Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss. 21 & 22--Civil-,Procedure Code (V of 1908), .0.11,R. 10-Ejectment of tenant--Execution proceedings-- Impleading of parties, justification for--Person who was not in possession of property in dispute nor was party in earlier ejectment proceedings against his brother up to
1986 MLD 1169 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ANWARI BEGUM VS MUMTAZ BEGUNI Sindh Rented Premises Ordinance 1979--18 , ---Ss. 15 & 18--Non-service of notice under S.18, held, would not disentitle landlord to obtain eviction of tenant on ground of bona fide personal requirement or damage to, premises and impairing its material
1986 MLD 1169 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ANWARI BEGUM VS MUMTAZ BEGUNI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 18--Non-service of notice under S.18, held, would not disentitle landlord to obtain eviction of tenant on ground of bona fide personal requirement or damage to, premises and impairing its material
1986 CLC 471 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
K. B. SARKAR AND CO. VS AMINA KHATOON Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15 (2)(ii)(vi) & 21(1)--eviction of tenant--Default- Reconstruction--Proof--Tenant in his written statement alleged that he had been paying rent of premises regularly to landlady but upon her refusal to accept same he started depositing in Court--Witness of tenant on co
1986 CLC 471 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
K. B. SARKAR AND CO. VS AMINA KHATOON Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 (2)(ii)(vi) & 21(1)--eviction of tenant--Default- Reconstruction--Proof--Tenant in his written statement alleged that he had been paying rent of premises regularly to landlady but upon her refusal to accept same he started depositing in Court--Witness of tenant on contrary, came out with totally new def
1986 MLD 696 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
NAZRUI ASKARI VS ARSHAD UMER Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15(2)(vii) & 21(1)--eviction of tenant--Bona fide personal requirement-- Non-appearance of landlady--Examination of attorney-Competency--Non-appearance of landlady in witness-box in her own case, held, had not caused any prejudice to tenant as her attorney being her con-in-la-w
1986 MLD 696 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
NAZRUI ASKARI VS ARSHAD UMER Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss. 15(2)(vii) & 21(1)--eviction of tenant--Bona fide requirement-Proof--Landlady through unrebutted evidence proved that she had no other house to live in--Record also showed that even son of landlady presently was living with attorney of landlady due to non-availability of accomm
1986 MLD 401 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SHAKIL AHMED VS KUBRABAI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15(2)(ii) & 21--eviction of tenant--Default in payment of rent-- Refusal on part of landlady to accept rent tendered through cheque by person other than tenant, held, was neither unreasonable nor could be described as arbitrary--Similarly subsequent receipt of rent by landlady's son
1986 MLD 401 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
SHAKIL AHMED VS KUBRABAI Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2)(ii) & 21--eviction of tenant--Default in payment of rent-- Refusal on part of landlady to accept rent tendered through cheque by person other than tenant, held, was neither unreasonable nor could be described as arbitrary--Similarly subsequent receipt of rent by landlady's son, would not have effect of erasing co
1986 CLC 456 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
TANVEER JAMSHED VS GHULAM HAIDER West Pakistan Urban Rent Restriction Ordinance 1959--17 , West Pakistan Urban Rent Restriction Ordinance 1959 17--Sind Rented Premises Ordinance (XVII of 1979), S. 22-Execution of eviction order--Change of forum--Order of eviction to be1executed by civil Court having jurisdiction in area--Rent Controller was entrusted with powers of execution--Right of third
1986 CLC 456 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
TANVEER JAMSHED VS GHULAM HAIDER Sindh Rented Premises Ordinance 1979--22 , 17--Sind Rented Premises Ordinance (XVII of 1979), S. 22-Execution of eviction order--Change of forum--Order of eviction to be1executed by civil Court having jurisdiction in area--Rent Controller was entrusted with powers of execution--Right of third person to file objections to execution of ejectment order, before e
1986 MLD 304 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MAHRUKH JAHAN BEGUM VS YAWAR HUSSAIN Sindh Rented Premises Ordinance 1979--15 , ---S.14--Ejectment on ground of personal requirement-Conversion of shop into residential premises--Effect--Landlady already got vacated one of three shops in same building before filing eviction application for remaining two shops on ground of personal requirement--Landlady, held, was disentitled to invoke benefi
1986 MLD 304 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MAHRUKH JAHAN BEGUM VS YAWAR HUSSAIN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ---S.14--Ejectment on ground of personal requirement-Conversion of shop into residential premises--Effect--Landlady already got vacated one of three shops in same building before filing eviction application for remaining two shops on ground of personal requirement--Landlady, h
1986 MLD 300 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
JAINA HAJIANI VS AMINA BAI Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2) (ii) 21--eviction of tenant--Wilful default--Proof--Wilful and deliberate default committed by tenant in payment of rent having .been proved by unrebutted evidence on record, Rent Controller, held, rightly- a-allowed eviction application of landlady on ground of default.
1986 MLD 300 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
JAINA HAJIANI VS AMINA BAI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15(2) (ii) 21--eviction of tenant--Wilful default--Proof--Wilful and deliberate default committed by tenant in payment of rent having .been proved by unrebutted evidence on record, Rent Controller, held, rightly- a-allowed eviction application of landlady on ground of default.
1986 CLC 448 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ANISUR REHMAN VS SHARIFA KHATOON West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , S. 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Preamble--Object of Ordinance--Intention of Legislature--Preamble of Ordinance, 1959 clearly indicated that it was promulgated to make effective provisions for restricting increase of rent of certain premises within limits of
1986 CLC 448 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ANISUR REHMAN VS SHARIFA KHATOON Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15(2)(iii)(a) & 21(1)--eviction of tenant--Plea of subletting-Proof--Landlady stated in her eviction application that she herself approached tenant and on his advice she contacted alleged sub-tenant and requested him to vacate shop in dispute for her personal bona fide use--La
1986 CLC 448 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ANISUR REHMAN VS SHARIFA KHATOON Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---S. 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Preamble--Object of Ordinance--Intention of Legislature--Preamble of Ordinance, 1959 clearly indicated that it was promulgated to make effective provisions for restricting increase of rent of certain premise
1986 CLC 448 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
ANISUR REHMAN VS SHARIFA KHATOON West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(ii)--Expression "Requires in good faith"--Meaning and ingredients--Intention of law--Law, held, did not "require" a landlord to establish need or absolute requirement of premises without which he would have no shelter over
1986 MLD 235 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
AHMED VS R. J. CHARANIA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15(2)(ii) & 21--eviction on ground of default in payment of rent--Default in payment of rent by untraceable tenant proceeded ex parte both in Trial Court and Appellate Court--Default having been proved, such tenant, held, was liable to be ejected in circumstances.
1986 MLD 235 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
AHMED VS R. J. CHARANIA Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2)(ii) & 21--eviction on ground of default in payment of rent--Default in payment of rent by untraceable tenant proceeded ex parte both in Trial Court and Appellate Court--Default having been proved, such tenant, held, was liable to be ejected in circumstances.
1986 CLC 422 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
MEHRUNNISA V CONTROLLER OF RENTS, HYDERABAD VS MEHRUNNISA V CONTROLLER OF RENTS, HYDERABAD Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17--eviction of tenant--Personal bona fide need--Proof-Assertion of claim on oath by husband of landlady that she required shop in question for her personal use, held, should be accepted by Rent Controller as bona fide
1986 PLD 84 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
EASTERN EXPRESS CO. LTD VS TARIQ HAMEED West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?Sind Rented Premises Ordinance (XVII of 1979), S. 15-Object of both Ordinances identical?eviction of tenant?Term "his own occupation"?Meaning and scope?Term "his own occupation", held, should be read in liberal sense?Restriction upon relations between landlord and tenant provided in Ordina
1986 PLD 84 KARACHI-HIGH-COURT-SINDH
Sindh · 1986
EASTERN EXPRESS CO. LTD VS TARIQ HAMEED Sindh Rented Premises Ordinance 1979--15 , S. 13-Sind Rented Premises Ordinance (XVII of 1979), S. 15-Object of both Ordinances identical-eviction of tenant-Term "his own occupation"-Meaning and scope-Term "his own occupation", held, should be read in liberal sense-Restriction upon relations between landlord and tenant provided in Ordinance XVII of 197
1986 CLC 2958 SUPREME-COURT-AZAD-KASHMIR
Supreme Court · 1986
BUDHOO VS LIAQAT HUSSAIN Specific Relief Act 1877--42 , ---S. 100--Specific Relief Act (I of 1877). S. 42--Declaration with perpetual injunction--Entitlement to--Co-sharer proved to be in possession of disputed land, held, would be entitled to declaration with perpetual injunction--Sale-deems relating thereto, in favour of defendant, was liable to be set aside--Defendants were restrained fro
1985 SCMR 529 SUPREME-COURT
Supreme Court · 1985
AHMAD DIN VS DIN MUHAMMAD Constitution of Pakistan 1973--185 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(3)(a)(ii)-- Ejectment--Personal need of landlord--Landlord carrying on his trade on footpath when he let out shop--Landlord seeking eviction on ground of personal need--To d
1985 SCMR 529 SUPREME-COURT
Supreme Court · 1985
AHMAD DIN VS DIN MUHAMMAD Constitution of Pakistan 1973--185 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(3)(a)(ii)-- Ejectment--Personal need of landlord--Landlord carrying on his trade on footpath when he let out shop--Landlord seeking eviction on ground of personal need--To d
1985 SCMR 529 SUPREME-COURT
Supreme Court · 1985
AHMAD DIN VS DIN MUHAMMAD Constitution of Pakistan 1973--185 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(3)(a)(ii)-- Ejectment--Personal need of landlord--Landlord carrying on his trade on footpath when he let out shop--Landlord seeking eviction on ground of personal need--To d
1985 SCMR 522 SUPREME-COURT
Supreme Court · 1985
RIAZUDDIN AHMAD VS MAHBOOB ILLAHI Good faith--TERM , --Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii)--Second eviction petition--Good faith--Landlord's failure in earlier eviction petition not to imply that he does not require a shop in good faith--Eviction application can be dismissed erroneously similarly it can be withdrawn or compromised on erro
1985 SCMR 344 SUPREME-COURT
Supreme Court · 1985
S. M. MOHSAN ZAIDI VS GAUHAR ALI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , ---Ss.13 & 13-A--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30--Ejectment--Objection to execution order of eviction--Statutory tenant--Statutory tenancy in respect of evacuee property transferred under Settlement Laws is created under S.30 of Act, 1958--Entitle
1985 SCMR 344 SUPREME-COURT
Supreme Court · 1985
S. M. MOHSAN ZAIDI VS GAUHAR ALI Constitution of Pakistan 1973--185 , Ejectment--TERM , ---Art.185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30--Ejectment--Leave to appeal granted to examine contention that in view of admitted position that property was allotted to father of appellant, on
1985 SCMR 344 SUPREME-COURT
Supreme Court · 1985
S. M. MOHSAN ZAIDI VS GAUHAR ALI Constitution of Pakistan 1973--185 , Ejectment--TERM , ---Art.185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30--Ejectment--Leave to appeal granted to examine contention that in view of admitted position that property was allotted to father of appellant, on
1985 SCMR 344 SUPREME-COURT
Supreme Court · 1985
S. M. MOHSAN ZAIDI VS GAUHAR ALI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--97 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--98 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 ,
1985 SCMR 344 SUPREME-COURT
Supreme Court · 1985
S. M. MOHSAN ZAIDI VS GAUHAR ALI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--97 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--98 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 ,
1985 SCMR 291 SUPREME-COURT
Supreme Court · 1985
BAKHSH ELAHI VS WASIF ALI Sindh Rented Premises Ordinance 1979--14 , ---S.14--Interpretation, object and purpose of S.14--Ejectment on ground of bona fide personal need of landlord--Time at which occupation of a building owned by landlord himself would attract disqualification, discussed--Landlord, held, was disqualified from invoking provisions of S.14, notwithstanding the fact that he was
1985 SCMR 241 SUPREME-COURT
Supreme Court · 1985
IBRAHIM VS RAHMATULLAH West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13(3)(a)(ii)--Order of eviction of tenant--Death of landlord--Order of eviction, held, became, on death of landlord beneficiary of order, a part of his heritable estate--Legal representatives could defend such order and claim benefits arising there under subject to all limitations and exceptions attaching t
1985 SCMR 239 SUPREME-COURT
Supreme Court · 1985
ABDUL MAJID VS NAIMUN NISA BEGUM Sindh Rented Premises Ordinance 1979--14 , ---S.14(1) & (2)--Ejectment for bona fide personal need of landlord-Section 14(2) could not be read in isolation from S.14(1)--Nexus has to be there between personal use for which eviction was sought and premises said to be owned and possessed by landlord in any locality referred to in S.14(2)--Benefit to be given to
1985 SCMR 131 SUPREME-COURT
Supreme Court · 1985
MUHAMMAD AMIN VS MUHAMMAD SHARIF Order XXVI of Supreme Court Rules--1 , Review--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Supreme Court Rules, 1980, O.XXVI, r. 1--Review--Order holding that concurrent findings of Courts that ex parte order of eviction, suffered from no legal defect or taint--Such order being final, could not be recalled--No inherent powers cou
1985 SCMR 131 SUPREME-COURT
Supreme Court · 1985
MUHAMMAD AMIN VS MUHAMMAD SHARIF Order XXVI of Supreme Court Rules--1 , Review--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Supreme Court Rules, 1980, O.XXVI, r. 1--Review--Order holding that concurrent findings of Courts that ex parte order of eviction, suffered from no legal defect or taint--Such order being final, could not be recalled--No inherent powers cou
1985 SCMR 131 SUPREME-COURT
Supreme Court · 1985
MUHAMMAD AMIN VS MUHAMMAD SHARIF Order XXVI of Supreme Court Rules--1 , Review--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Supreme Court Rules, 1980, O.XXVI, r. 1--Review--Order holding that concurrent findings of Courts that ex parte order of eviction, suffered from no legal defect or taint--Such order being final, could not be recalled--No inherent powers cou
1985 SCMR 100 SUPREME-COURT
Supreme Court · 1985
ABDUL WAHAB KHAN VS M. NISAR AHMAD Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--11 , Constitution of Pakistan 1973--185 , Criminal Procedure Code (Cr.P.C) 1898--1 , Criminal Procedure Code (Cr.P.C) 1898--197 , Criminal Procedure Code (Cr.P.C) 1898--5 , ---Art.185 (3)--Central Government Lands and Buildings (Recovery of Possession) Ordinance (LIV of 1965), S
1985 SCMR 100 SUPREME-COURT
Supreme Court · 1985
ABDUL WAHAB KHAN VS M. NISAR AHMAD Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--11 , Constitution of Pakistan 1973--185 , Criminal Procedure Code (Cr.P.C) 1898--1 , Criminal Procedure Code (Cr.P.C) 1898--197 , Criminal Procedure Code (Cr.P.C) 1898--5 , ---Art.185 (3)--Central Government Lands and Buildings (Recovery of Possession) Ordinance (LIV of 1965), S
1985 SCMR 100 SUPREME-COURT
Supreme Court · 1985
ABDUL WAHAB KHAN VS M. NISAR AHMAD Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--11 , Constitution of Pakistan 1973--185 , Criminal Procedure Code (Cr.P.C) 1898--1 , Criminal Procedure Code (Cr.P.C) 1898--197 , Criminal Procedure Code (Cr.P.C) 1898--5 , ---Art.185 (3)--Central Government Lands and Buildings (Recovery of Possession) Ordinance (LIV of 1965), S
1985 SCMR 38 SUPREME-COURT
Supreme Court · 1985
GHULAM MUJTABA VS NAEEMA KBANUM Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13(6)--Civil Procedure Code (V of 1908), 0. XXI, r.100—Execution of eviction order--Objection petition--Landlady seeking eviction of tenant inter alia, on ground of subletting of premises to petitioner--Petitioner, a
1985 SCMR 38 SUPREME-COURT
Supreme Court · 1985
GHULAM MUJTABA VS NAEEMA KBANUM Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13(6)--Civil Procedure Code (V of 1908), 0. XXI, r.100—Execution of eviction order--Objection petition--Landlady seeking eviction of tenant inter alia, on ground of subletting of premises to petitioner--Petitioner, a
1985 PLD 46 SUPREME-COURT
Supreme Court · 1985
MUHAMMAD ASLA VS WAZIR MUHAMMAD Constitution of Pakistan 1973--185 , Art. 185 (3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Ejectment proceedings on ground of personal need Landlord dying pending second appeal before High Court-Leave to appeal granted to examine (i) whether death of landlord disentitled his legal representatives to sustain or avail of order of evicti
1985 PLD 242 SUPREME-COURT
Supreme Court · 1985
AMJAD ALI SHAH VS IQBAL AHMAD FAROOQI 1981 C L C 562, 1984 C L C 1696, West Pakistan Urban Rent Restriction Ordinance 1959--11 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 11-Place rented as residential premises--Change in character of residential premises into commercial-Bona fide personal need of landlord for residential use-Notwithstanding change in use of a residen
1985 PLD 220 SUPREME-COURT
Supreme Court · 1985
BASHIRUD DIN VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--14 , Ss. 13 & 14-Ejectment sought on grounds of default in payment of rent, subletting premises without permission of landlord and premises bona fide needed for personal use of landlord-Landlord's another application for eviction of same tenant on ground of personal need filed in 1973 already dismi
1985 PLD 220 SUPREME-COURT
Supreme Court · 1985
BASHIRUD DIN VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 14-Ejectment sought on grounds of default in payment of rent, subletting premises without permission of landlord and premises bona fide needed for personal use of landlord-Landlord's another application for eviction of same tenant on ground of personal need filed in 1973 already dismi
1985 PLD 148 SUPREME-COURT
Supreme Court · 1985
ABDUS STTAR VS MUHAMMAD AFZAL West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction of tenant-Agreement of lease expiring and no further renewal taking place-Held, after expiry of agreement rights and liabilities of tenant fell to be governed by provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 which regulate terms as to ejectment. S. 13-Constitution of Pa
1985 SCMR 2086 SUPREME-COURT
Supreme Court · 1985
ABDUL QADIR VS ARBAB Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Ejectment--Tenant defaulting in payment of rent for over a year--Residential unit rented out to tenant attached to mosque and according to rent note tenant required to tender monthly rent in time and obtain receipt for same
1985 SCMR 2086 SUPREME-COURT
Supreme Court · 1985
ABDUL QADIR VS ARBAB Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Ejectment--Tenant defaulting in payment of rent for over a year--Residential unit rented out to tenant attached to mosque and according to rent note tenant required to tender monthly rent in time and obtain receipt for same
1985 SCMR 2086 SUPREME-COURT
Supreme Court · 1985
ABDUL QADIR VS ARBAB Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Ejectment--Tenant defaulting in payment of rent for over a year--Residential unit rented out to tenant attached to mosque and according to rent note tenant required to tender monthly rent in time and obtain receipt for same
1985 SCMR 2082 SUPREME-COURT
Supreme Court · 1985
MUHAMMAD RAMZAN VS ABDUL HANAN Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--11 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 11, 13 & 15--Ejectment--Personal requirement- -Baithak of house rented out by landlord to tenant who used it for commercial purpose as a shop--No permission obtaine
1985 SCMR 2082 SUPREME-COURT
Supreme Court · 1985
MUHAMMAD RAMZAN VS ABDUL HANAN Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--11 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 11, 13 & 15--Ejectment--Personal requirement- -Baithak of house rented out by landlord to tenant who used it for commercial purpose as a shop--No permission obtaine
1985 SCMR 2082 SUPREME-COURT
Supreme Court · 1985
MUHAMMAD RAMZAN VS ABDUL HANAN Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--11 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 11, 13 & 15--Ejectment--Personal requirement- -Baithak of house rented out by landlord to tenant who used it for commercial purpose as a shop--No permission obtaine
1985 SCMR 2033 SUPREME-COURT
Supreme Court · 1985
MUSTAFA BEG VS KHATOON HADI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2) (iv)--Ejectment on ground of tenant's impairing value and utility of premises by demolition of common wall and converting two shops rented to him into a larger one--Leave granted to consider question whether there w
1985 SCMR 2033 SUPREME-COURT
Supreme Court · 1985
MUSTAFA BEG VS KHATOON HADI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2) (iv)--Ejectment on ground of tenant's impairing value and utility of premises by demolition of common wall and converting two shops rented to him into a larger one--Leave granted to consider question whether there w
1985 SCMR 1996 SUPREME-COURT
Supreme Court · 1985
SHAMSUL ISLAM KHAN VS PAKISTAN TOURISM DEVELOPMENT CORPORATION LTD. Ejectment--TERM , ---S. 13--Ejectment--Landlord having legal options available to him i.e. either to seek more income by increase of rent and let tenant stay or if that does not materialise to evict tenant so as to have disputed premises for his own use--Landlord requiring demised premises for, his own hotel which was adjace
1985 SCMR 1991 SUPREME-COURT
Supreme Court · 1985
AINULLAH VS ABDUL RASHID Ejectment--TERM , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--3 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Civil Procedure Code (V of 1908) O.I r.10--Ejectment-Respondent's application for being joined as a party on death of original tenant, rejected by Rent Controller on ground that he, not being a tenant within meaning o
1985 SCMR 1991 SUPREME-COURT
Supreme Court · 1985
AINULLAH VS ABDUL RASHID Ejectment--TERM , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--3 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Civil Procedure Code (V of 1908) O.I r.10--Ejectment-Respondent's application for being joined as a party on death of original tenant, rejected by Rent Controller on ground that he, not being a tenant within meaning o
1985 SCMR 1991 SUPREME-COURT
Supreme Court · 1985
AINULLAH VS ABDUL RASHID Ejectment--TERM , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--3 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Civil Procedure Code (V of 1908) O.I r.10--Ejectment-Respondent's application for being joined as a party on death of original tenant, rejected by Rent Controller on ground that he, not being a tenant within meaning o
1985 SCMR 1988 SUPREME-COURT
Supreme Court · 1985
ROSIE DENNIS VS SHAUKAT ALI Ejectment--TERM , ---S. 13--Application for ejectment- -Landlady reaching age of retirement, seeking tenant's eviction under S. 13 of Ordinance on two-fold grounds; first on ground of default in payment of rent and second on ground of bona fide requirement of premises--Landlady entitled to seek eviction of tenant on first ground apart from second ground--Applicati
1985 SCMR 1769 SUPREME-COURT
Supreme Court · 1985
DILDAR HUSSAIN NAYYAR VS NIAZ MUHAMMAD DAR 1980 C L C 1082, West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13--Ejectment on ground of personal need of landlord--Landlord seeking eviction of three tenants from three adjoining shops on ground of his personal need of all three shops--Landlord, held, had a choice and if he needed three shops at same time, it had to b.: considered
1985 SCMR 1302 SUPREME-COURT
Supreme Court · 1985
FAZALUR REHMAN VS HASEEN AHMAD Constitution of Pakistan 1973--185 , ---Art.185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.14-Ejectment--Personal need of landlord--Leave granted to consider whether bona fide of requirement of landlord was relevant consideration for purpose of eviction under S.14, as leave had already been granted on similar point in another case.
1985 SCMR 1275 SUPREME-COURT
Supreme Court · 1985
KULSOOM BAI VS NARGIS BANO Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--1 , Execution proceedings--TERM , ---Art. 185(3)--Civil Procedure Code (V of 1908), O. XXI--hind Rented Premises Ordinance (XVII of 1979), S. 17--Ejectment decree--Execution proceedings--Provisions of Civil Procedure Code--Application of-Execution proceedings in respect of order of eviction
1985 SCMR 1275 SUPREME-COURT
Supreme Court · 1985
KULSOOM BAI VS NARGIS BANO Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--1 , Execution proceedings--TERM , ---Art. 185(3)--Civil Procedure Code (V of 1908), O. XXI--hind Rented Premises Ordinance (XVII of 1979), S. 17--Ejectment decree--Execution proceedings--Provisions of Civil Procedure Code--Application of-Execution proceedings in respect of order of eviction
1985 PLD 56 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1985
ABDUL RASHID VS AINULLAH West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2 (i), 13 & 15-Ejectment proceedings-Death of tenant and his legal heirs-Appeal against order of Rent Controller-Appellant neither a tenant nor sub-tenant as contemplated by definition of `tenant' but appeared as attorney of legal heirs of original t
1985 PLD 56 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1985
ABDUL RASHID VS AINULLAH West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2 (i), 13 & 15-Ejectment proceedings-Death of tenant and his legal heirs-Appeal against order of Rent Controller-Appellant neither a tenant nor sub-tenant as contemplated by definition of `tenant' but appeared as attorney of legal heirs of original t
1985 CLC 827 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1985
ABDUL WALI KHAN VS MUHAMMAD HANIF West Pakistan Urban Rent Restriction Ordinance 1959--10 , West Pakistan Urban Rent Restriction Ordinance 1959--13-B , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss.10, 13, 13-B & 15 [as substituted by Blauchistan Urban Rent Restriction (Amendment) Ordinance (III of 1980),S.6]--Order of eviction passed by Rent Controller--Words "Execution of or
1985 CLC 827 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1985
ABDUL WALI KHAN VS MUHAMMAD HANIF West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , Ss.15 & 17 [as substituted by Baluchistan Urban Rent Restriction (Amendment) Ordinance (111 of 1980), S.6]--Order of eviction-Execution--Mala fide objection--Effect--Objection filed before Rent Controller during execution proceedings found, rai
1985 CLC 827 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1985
ABDUL WALI KHAN VS MUHAMMAD HANIF West Pakistan Urban Rent Restriction Ordinance 1959--18 , ---S.18--Civil Procedure Code (V of 1908), S.115--Revision--Order of Rent Controller passed in execution of eviction order--Appeal against such order dismissed by Additional District Judge--Revision filed in High Court under S.115, C.P.C., held, not competent against order of Rent Controller.--[Revisi
1985 CLC 827 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1985
ABDUL WALI KHAN VS MUHAMMAD HANIF West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , Ss.15 & 17 [as substituted by Baluchistan Urban Rent Restriction (Amendment) Ordinance (111 of 1980), S.6]--Order of eviction-Execution--Mala fide objection--Effect--Objection filed before Rent Controller during execution proceedings found, rai
1985 CLC 827 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1985
ABDUL WALI KHAN VS MUHAMMAD HANIF Code of Civil Procedure 1908--115 , S.18--Civil Procedure Code (V of 1908), 5.115--Revision--Order of Rent Controller passed in execution of eviction order--Appeal against such order dismissed by Additional District Judge--Revision filed in High Court under 5.115, C.P.C., held, not competent against order of Rent Controller.--[Revision (civil)].
1985 CLC 827 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1985
ABDUL WALI KHAN VS MUHAMMAD HANIF Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--1 , Ss. 15 & 17 [as substituted by Blauchistan Urban Rent Restriction (Amendment) Ordinance (111 of 1980), S.6]--Civil Procedure Code (V of 1908), O. XLI, r.1--Appeal--Order of eviction--Execution--Objections rejected by Rent Controller--Appeal under O.XLI, r.l, C.P.C.--Held, after ame
1985 PLD 108 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1985
AFTAB AHME VS HAZIQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--9 , Ss. 13 & 9(2) -Ejectment of tenant-Default-House tax paid by tenant for the period when he was not even in occupation of premises-Effect-Tenant, held, entitled to reimbursement or adjustment of such amount towards rent to be paid to landlord-eviction on groun
1985 PLD 108 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1985
AFTAB AHME VS HAZIQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--9 , Ss. 13 & 9(2) -Ejectment of tenant-Default-House tax paid by tenant for the period when he was not even in occupation of premises-Effect-Tenant, held, entitled to reimbursement or adjustment of such amount towards rent to be paid to landlord-eviction on groun
1985 PLD 483 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
SAMI ULLAH VS MUHAMMAD ASHIQ ABDALI 1982 C L C 2134, Landlord and Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--14 , Ss. 13 & 14-Landlord and tenant-Ejectment sought on ground of personal need of landlord and his son-Landlord's another application for eviction of same tenant on ground of personal need filed earlier had already been dismissed-Issue of personal need by lan
1985 PLD 483 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
SAMI ULLAH VS MUHAMMAD ASHIQ ABDALI 1982 C L C 2134, Landlord and Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--14 , Ss. 13 & 14-Landlord and tenant-Ejectment sought on ground of personal need of landlord and his son-Landlord's another application for eviction of same tenant on ground of personal need filed earlier had already been dismissed-Issue of personal need by lan
1985 PLD 483 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
SAMI ULLAH VS MUHAMMAD ASHIQ ABDALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Permission to file fresh ejectment petition sought by and granted to landlord on payment of costs-Landlord filed fresh ejectment petition which was eventually dismissed-Landlord instituted fresh petition independently-Maintainability of fresh petition, held, would not be affected by non-paymen
1985 CLC 3021 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
ABDUL MAJID VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 13 (3) (a)(ii)--Evidence, closing of--Tenant/petitioner summoning witness through Court by depositing process fee and diet money-Summons not issued to such witness and was not available for evidence on relevant date--Rent Controller clos
1985 CLC 2963 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
MADRASSA ZIA-UL-ALOOM VS GOVERNMENT OF PUNJAB Martial Law Regulation 1972 No. 118--RGLN. , ---S.13--Martial Law Regulation No. 118--eviction--Relationship of landlord and tenant--Establishment of--Property in dispute admittedly belonging to trust /petitioner was taken on lease for setting up private school therein--School set in there subsequently was taken over by Government in 1972 in purs
1985 CLC 2963 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
MADRASSA ZIA-UL-ALOOM VS GOVERNMENT OF PUNJAB West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--Martial Law Regulation No. 118--eviction--Relationship of landlord and tenant--Establishment of--Property in dispute admittedly belonging to trust /petitioner was taken on lease for setting up private school therein--School set i
1985 CLC 2857 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
HIGHWAY DEPARTMENT OF GOVERNMENT OF PUNJAB VS MUHAMMAD HANIF West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--Constitution of Pakistan (1973), Art.199--Private property given on rent to Government--Application for eviction--Tenancy proved by Courts below--Order of eviction passed against Government/tenant-- Refusal of Gove
1985 CLC 2857 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
HIGHWAY DEPARTMENT OF GOVERNMENT OF PUNJAB VS MUHAMMAD HANIF Constitution of Pakistan 1973--199 , ---S.13--Constitution of Pakistan (1973), Art.199--Private property given on rent to Government--Application for eviction--Tenancy proved by Courts below--Order of eviction passed against Government/tenant-- Refusal of Government to vacate property or to pay for its possession, held, was brazen
1985 CLC 2704 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
MUHAMMAD BASHIR VS AHMAD ALI CHUGHTAI Provisional Constitution Order 1981--9 , Provisional Constitution Order 1981 ------Art. 9--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii), first proviso--eviction--Stipulated period of tenancy- Period of tenancy extendable to further period not proved--Such period having expired, landlord, held, had right to seek eviction on
1985 CLC 2704 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
MUHAMMAD BASHIR VS AHMAD ALI CHUGHTAI West Pakistan Urban Rent Restriction Ordinance 1959--13 , ------Art. 9--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii), first proviso--eviction--Stipulated period of tenancy- Period of tenancy extendable to further period not proved--Such period having expired, landlord, held, had right to seek eviction on ground of personal
1985 CLC 2658 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
DAWOOD AHMAD VS DISTRICT JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 13--Statement on oath --Estoppel--Doctrine of--Tenant himself inviting decision of Rent Controller offering landlord to make oath on Holy Quran--Oath taken by landlord--eviction order passed--Doctrine of estoppel, held, acted with full for
1985 CLC 2658 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
DAWOOD AHMAD VS DISTRICT JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 15--Appeal--Dismissal of--Tenant himself inviting decision of Rent Controller on basis of statement made on special oath on Holy Queen by landlord--Landlord 'making such oath and eviction order passed accordingly--No useful purpose, held,
1985 CLC 2551 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
UMER HAYAT VS KHADIJA HAKEEM West Pakistan Urban Rent Restriction Ordinance 1959--17 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 17--Civil Procedure Code (V of 1908), O. XXI, r. 100--eviction order--Execution of--Objection to--Person other than judgment-debtor. not bound by ejectment order passed by Rent Controller, held, could not object execution.
1985 CLC 2551 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
UMER HAYAT VS KHADIJA HAKEEM Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , ---S. 17--Civil Procedure Code (V of 1908), O. XXI, r. 100--eviction order--Execution of--Objection to--Person other than judgment-debtor. not bound by ejectment order passed by Rent Controller, held, could not object execution.
1985 CLC 2498 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
MUHAMMAD ASIF VS NOOR ABMAD 1982 C L C 230, 1983 C L C 2511, 1984 C L C 2418, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 --S. 13 (3)(i)(a)--Ejectment--Personal need--Omission of landlord to disclose in eviction petition having occupied another shop-Consequences--Landlords in eviction petition did not disclose that he owned and
1985 CLC 2015 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
FAQIR HUSSAIN VS GHULAM ABBAS Cantonments Rent Restriction Act 1963--24 , ---Ss. 17(2) & 24--eviction--Default--Nature of--Tenant already committed two months' default in payment of rent at time of institution of eviction petition--Appellate authority not treating such default so serious as to make a ground for ejectment order against tenant---Held, such view taken by appellate authority was
1985 CLC 2015 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
FAQIR HUSSAIN VS GHULAM ABBAS Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S. 17(2)--eviction--Default--Condonation of default--Ground--Tenant failed to deposit rent within sixty days as envisaged by S. 17(2), Cantonments Rent Restriction Act, 1963 at time of institution of eviction petition--Tenant committed default in regard to payment of rent-Conten
1985 CLC 1775 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
PROVINCE OF PUNJAB VS MUHAMMAD TUFAIL West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act 1956--3 , West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act 1956 S.3--Requisition of property--Effect--Landlord getting eviction order against tenant (Government Department)--Tenant (Government Department) requisitioning property--Order of requisition, held,
1985 CLC 1509 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
FAZAL DIN VS MUHAMMAD SHAFIQUE Provisional Constitution Order 1981--9 , Provisional Constitution Order 1981 ---Art. 9--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--eviction--Landlord failing to prove relationship of landlord and tenant beyond reasonable doubt--Dispute regarding title of disputed property arising in matter which Courts under Rent Restriction Ordinance, 1
1985 CLC 1509 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
FAZAL DIN VS MUHAMMAD SHAFIQUE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--Provisional Constitution Order (1 of 1981), Art. 9--Ejectment--Relationship of landlord and tenant--Oral evidence adduced in support of tenancy not very helpful in resolving controversy--Not an iota of evidence existing that construction on plo
1985 MLD 1205 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
ABDUL WAHAB VS MUHAMMAD AFZAL MIRZA West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 13--Ejectment---Personal requirement--Landlord owning no other property except property in dispute--Rent Controller and appellate Court relying on his evidence and coming to concurrent finding of fact that premises were required by him bona f
1985 MLD 1203 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
ABDUL MAJID VS HAFEEZ ULLAH BUTT West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 9--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--eviction order--Suspension of ejectment order without notice to landlord after Court hours amending earlier order--Effect--Held: Once Rent Controller had signed order, it was not permissible for him to alter same and make ad
1985 MLD 1203 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
ABDUL MAJID VS HAFEEZ ULLAH BUTT Provisional Constitution Order 1981--9 , Provisional Constitution Order 1981 ---Art. 9--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--eviction order--Suspension of ejectment order without notice to landlord after Court hours amending earlier order--Effect--Held: Once Rent Controller had signed order, it was not permissible for him to alt
1985 MLD 1099 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
MANZOOR ELAHI KHAWAJA VS ADDITIONAL DISTRICT JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss. 2(d)(g) & 13 (3) (a)(i)--Personal requirement—Residential building--Portion used for commercial purposes--Composite building, eviction from composite building--Property in dispute was let out to tenant for residential p
1985 MLD 1099 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
MANZOOR ELAHI KHAWAJA VS ADDITIONAL DISTRICT JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss. 2(d)(g) & 13 (3) (a)(i)--Personal requirement—Residential building--Portion used for commercial purposes--Composite building, eviction from composite building--Property in dispute was let out to tenant for residential purposes--Tenant without consent of landlord convert
1985 MLD 247 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
MUHAMMAD YAMIN VS ASGHARI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--Ejectment on ground of bona fide use and occupation of landlord's son--Plea that another shop having fallen vacant during pendency of application for eviction disentitled landlord to get premises vacated, repelled--Which portion of building would su
1985 MLD 193 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
MEHRAJ DIN VS NIAZ AHINAD Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 199--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--eviction of tenant--Compromise between parties-Consideration of Court--Parties agreed to arrive at compromise in order to shorten litigation and resolve dispute in amicable manner--Court allowe
1985 MLD 193 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
MEHRAJ DIN VS NIAZ AHINAD Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 199--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--eviction of tenant--Compromise between parties-Consideration of Court--Parties agreed to arrive at compromise in order to shorten litigation and resolve dispute in amicable manner--Court allowe
1985 CLC 641 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
MUKHTA.R ALI VS MUHAMMAD AMJAD 1974 SCMR 162, 1979 SCMR 309, 1981 CLC 1176, PLD 1965 SC 669, PLD 1969 SC 270, PLD 1978 Kar. 898, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S.13(2)--Civil Procedure Code (V of 1908) O.III, r.5--Ex parte ejectment order--Service of process--Tenant's eviction ordered by Rent Controller ex parte on
1985 CLC 108 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
DAUD AHMAD VS DISTRICT JUDGE, LAHORE Evidence Act 1872--115 , Evidence Act 1872 S.115--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Oaths Act (X of 1873), S.11--Provisional Constitution Order (1 of 1981), Art. 9--Ejectment--Estoppel--Ejectment application decided by Rent Controller on basis of statement made under special oath by a co-applicant to which tenant hi
1985 CLC 98 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
NIZAM DIN VS NIAMAT BIBI Provisional Constitution Order 1981--9 , Provisional Constitution Order 1981 ---Art. 9--West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S.13--Constitutional jurisdiction--Scope of interference--Scope of interference in constitutional jurisdiction, held, was limited and meant to correct errors of jurisdiction as and when subordinate Courts or Tribunal acte
1985 CLC 98 LAHORE-HIGH-COURT-LAHORE
Punjab · 1985
NIZAM DIN VS NIAMAT BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S.13--Evidence Act (I of 1872), Ss. 20 & 21--Provisional Constitution Order (1 of 1981), Art. 9--Ejectment proceedings--Parties agreeing to decide their dispute on basis of statement to be made by a third person--Intention of parties, held, was neither to ref
1985 PLD 698 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
ALI JAN VS SHUJAUDDIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)-Sind Rented Premises Ordinance (KVII of 1979), S. 16(1)Duty of Rent Controller-Strict compliance of provisions of law desired by Rent Controller-Non-compliance with provisions of S. 13(6) of ( 1rdinance VI of 1959 or S. 16(I) of Ordinance XVII of 1979Efi'ect-Order passed without compliance of such provis
1985 PLD 667 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
SAJJAD ALI KHAN VS PERVEZ MIRZA West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15-Ejectment of tenant-eviction of tenant on ground of personal requirement, from shops let out in same building in part of which landlord himself lived, held, could not be demanded by landlord for his residential purpose.
1985 PLD 667 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
SAJJAD ALI KHAN VS PERVEZ MIRZA West Pakistan Urban Rent Restriction Ordinance 1959--11 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2(a), 11 & 13-"Building" - Definition of-Conversion of `residential building' into `non-residential building' and vice versa Procedure for acquiring eviction of such buildings-Rent Controller has jurisdiction in respect of only those premises
1985 PLD 667 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
SAJJAD ALI KHAN VS PERVEZ MIRZA West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)-Ejectment on ground of demolition of shops and fresh construction of residential accommodation for personal requirement" Composite Unit"-.Meaning and scope-Composite unit would only be that which was rented out and would include therein accommodation partly commercial and partly residential-Lan
1985 PLD 639 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
FARUKH NISA VS SAFDAR AHMAD Sindh Rented Premises Ordinance 1979--15 , _-- S. 15 (2) (vii)-Ejectment on ground of personal requirement--Word "children"-Meaning and scope-Expression "children", held, embraces not only requirement of dependent children but also requirement of independent and married children-Landlady, held, could file application for eviction for requirement of her independent
1985 PLD 633 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
SAFDAR AHMAD VS FARUKH NISA Sindh Rented Premises Ordinance 1979--15 , Ss. 15 (2) (ii)-Landlord and tenant-eviction on ground of default-Rent Controller could pass order of eviction if he was satisfied that tenant had failed to pay rent--There being no tenancy agreement in writing rent for January was payable within 60 days when it became due viz. by the end of March-Original tenant however
1985 PLD 624 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
SULTAN PRESS LTD VS MUHAMMAD HASAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 14, 15 & 21 -Landlord and tenant-Ejectment on ground of default and personal requirement -Object, scope and history of rent laws traced and illustrated-Several malpractices having been employed by owners to enhance rent and ev
1985 PLD 624 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
SULTAN PRESS LTD VS MUHAMMAD HASAN Sindh Rented Premises Ordinance 1979--17 , S. 17(2)(vii)-Expression "requires in good faith"-Connotation and scope-Landlord has to prove that he required premises in good faith-Mere wish, convenience, whim or fancy of landlord would not be enough to show that landlord, "requires the premises in good faith--Meaning of "requires in good faith" is that landlor
1985 CLC 3014 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
FIDA HUSSAIN VS NOOR MUHAMMAD BANE Sindh Rented Premises Ordinance 1979--15 , ---S. 15(2) (vii)--Bona fide personal requirement--Landlord requiring shop/godown for his son and concealing fact in eviction application that he was in occupation of a similar premises--Such fact revealed for the first time during his cross-examination--Landlord not showing that shop/godown in his occupation was i
1985 CLC 2791 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MUHAMMAD ALAM VS AQEELA BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15(2)(vii) & 21(1)--eviction proceedings--Alleged agreement of sale in respect of rented premises in favour of tenant--Proof of--Tenant alleged that landlady had agreed vide oral agreement to sell rented premises in his favour and that she also received some money from h
1985 CLC 2791 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MUHAMMAD ALAM VS AQEELA BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15(2)(vii) & 21(1)--eviction proceedings--Alleged agreement of sale in respect of rented premises in favour of tenant--Proof of--Tenant alleged that landlady had agreed vide oral agreement to sell rented premises in his favour and that she also received some money from h
1985 CLC 2507 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
KHAN MUHAMMAD VS M. A. H. BOKHARI Provisional Constitution Order 1981--9 , Sindh Rented Premises Ordinance 1979--15 , --Art. 9--Sind Rented Premises Ordinance (XVI1 of 1979). S. 15--Ejectment from shop--eviction by order of Martial Law Authorities--Tenant evicted by order of Deputy Martial Law Administrator on application filed before President and C.M.L.A. by landlady claiming herself to be
1985 CLC 2507 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
KHAN MUHAMMAD VS M. A. H. BOKHARI Provisional Constitution Order 1981--9 , Sindh Rented Premises Ordinance 1979--15 , --Art. 9--Sind Rented Premises Ordinance (XVI1 of 1979). S. 15--Ejectment from shop--eviction by order of Martial Law Authorities--Tenant evicted by order of Deputy Martial Law Administrator on application filed before President and C.M.L.A. by landlady claiming herself to be
1985 CLC 2463 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
JAMILUR REHMAN VS MUHAMMAD SALEEM USMAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2)(ii) & 21(1)--eviction--Payment of arrears of electric charges without permission and consent of landlord--Effect--Tenant paid arrears of electric charges in respect of period during which he was not tenant on threat of disconnection of electric supply with
1985 CLC 2463 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
JAMILUR REHMAN VS MUHAMMAD SALEEM USMAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2)(ii) & 21(1)--eviction--Payment of arrears of electric charges without permission and consent of landlord--Effect--Tenant paid arrears of electric charges in respect of period during which he was not tenant on threat of disconnection of electric supply with
1985 CLC 2271 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MRS. J. C. REHMAN VS MRS. SULTAN AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15 & 21--Landlord and tenant--Term "rent"--Meaning--Water and conservancy charges--Whether rent--Plea of default in payment of water and conservancy charges and of personal requirement of premises-Tenant was in arrears of water and conservancy charges for one ye
1985 CLC 2271 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MRS. J. C. REHMAN VS MRS. SULTAN AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15 & 21--Landlord and tenant--Term "rent"--Meaning--Water and conservancy charges--Whether rent--Plea of default in payment of water and conservancy charges and of personal requirement of premises-Tenant was in arrears of water and conservancy charges for one ye
1985 CLC 1943 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
GHULAM FATIMA VS ALLAH BACHAI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 21(3)--Ejectment on ground of bona fide personal requirement--Enquiry conducted by Court on such bona fide requirement-Admitted position in pursuance of enquiry being that landlord owned 5 buildings containing 43 tenements--Landlord on enquiry withholding counterfoils of r
1985 CLC 1943 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
GHULAM FATIMA VS ALLAH BACHAI Sindh Rented Premises Ordinance 1979--21 , ---Ss.15 & 21(3)--Ejectment on ground of bona fide personal requirement--Enquiry conducted by Court on such bona fide requirement-Admitted position in pursuance of enquiry being that landlord owned 5 buildings containing 43 tenements--Landlord on enquiry withholding counterfoils of receipts issued to tenants--Such landl
1985 CLC 1701 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MUHAMMAD SIDDIQ VS ARSH BIBI West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , West Pakistan Urban Rent Restriction Ordinance 1959 Preamble--Object and purpose of Ordinance explained--Purpose of Ordinance is to restrict increase of rent of certain premises within limits of urban areas and eviction of tenants--Ordinance is a piece of ameliorative legislation in interest of tenan
1985 CLC 1701 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MUHAMMAD SIDDIQ VS ARSH BIBI Evidence Act 1872--116 , Evidence Act 1872 S.116--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii)(a)(b)(c) (4) (5-B)--Estoppel by tenant--Principle-Exceptions to rule of estoppel- -Tenant let into possession could not deny landlord's title at commencement of tenancy, however defective it might be so long as he had not openly restored
1985 CLC 1297 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
ALI MUHAMMAD VS KHALIL AHMED ALLAHWALA Sindh Rented Premises Ordinance 1979--21 , Ss. 10, 16 & 21--Arrears of rent--Tentative rent order--Landlord refusing to accept money order and tenant depositing same in Court with permission--When application under S. 16 of Ordinance filed by landlord there were no arrears of rent--Order passed by Rent Controller directing tenant to deposit arrears of r
1985 CLC 1297 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
ALI MUHAMMAD VS KHALIL AHMED ALLAHWALA Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979 Ss. 10, 16 & 21--Arrears of rent--Tentative rent order--Landlord refusing to accept money order and tenant depositing same in Court with permission--When application under S. 16 of Ordinance filed by landlord there were no arrears of rent--Order passed by Rent Controller dir
1985 CLC 1048 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
ABDUL RAZAK VS YASMEEN KHANUM Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S.14--Scope and object of section 14--Notice--Trapping of procedure causing delay in other cases curtailed for certain classes of persons--Care taken to allow a breathing time for at least two months to tenant to comply with requisition of statutory notice provided in section--Period
1985 CLC 993 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
TAHIR SHAIKH VS AHMAD A. DAMA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 21--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Ejectment--Subletting--Premises rented out to original tenant (a sole proprietorship firm) but later on such tenant underwent change in their status and became a partnership firm with same nomenclature
1985 CLC 993 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
TAHIR SHAIKH VS AHMAD A. DAMA Sindh Rented Premises Ordinance 1979--21 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss. 15 & 21--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Ejectment--Subletting--Premises rented out to original tenant (a sole proprietorship firm) but later on such tenant underwent change in their status and became a partnership firm w
1985 CLC 993 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
TAHIR SHAIKH VS AHMAD A. DAMA Sindh Rented Premises Ordinance 1979--21 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss. 15 & 21--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Ejectment--Subletting--Premises rented out to original tenant (a sole proprietorship firm) but later on such tenant underwent change in their status and became a partnership firm w
1985 MLD 1530 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
BADIUL HASAN VS MUNAWWAR HUSSAIN Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 --S. 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(2)(iii)--eviction of tenant--Material impairment of value or utility of building--Mere alteration and addition in building by tenant, held, could not be considered as act which could make tenant liable t
1985 MLD 1530 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
BADIUL HASAN VS MUNAWWAR HUSSAIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(2)(iii)--eviction of tenant--Material impairment of value or utility of building--Mere alteration and addition in building by tenant, held, could not be considered as act which could make tenant liable to be ejected, unless s
1985 MLD 1272 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MEHTABUR REHMAN VS SARWAR BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15(2)(vii) & 21(1)--eviction of tenant--Personal bona fide requirement--Proof--Landlady having big family of nine members out of which four children were adult and three of growing age--In absence of any evidence in rebuttal or controversy on side of tenant in respect of per
1985 MLD 1249 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
SULTAN MUHAMMAD VS MUHAMMAD ISMAIL Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ---Ss. 14(1) & 21(1)--Notice to tenant--Non-issuance of notice to tenant in second eviction petition--Effect--First eviction petition of landlord dismissed on ground of non-prosecution--Held, it was not necessary to serve second notice to tenant, as prior to filing of first evic
1985 MLD 1249 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
SULTAN MUHAMMAD VS MUHAMMAD ISMAIL Sindh Rented Premises Ordinance 1979--21 , ---Ss. 14(1) & 21(1)--Notice to tenant--Non-issuance of notice to tenant in second eviction petition--Effect--First eviction petition of landlord dismissed on ground of non-prosecution--Held, it was not necessary to serve second notice to tenant, as prior to filing of first eviction petition dismissed on ground of
1985 MLD 1166 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
ABDUL KADIR MUSSAWIR VS FATIMA BIBI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 -Ss. 15 & 21--Ejectment on ground of default--Tenant sending rent through money order--Tender of rent by money order, held, was correct and landlord should have accepted same--After refusal by landlord to accept rent tenant depositing same in Court--No default was made out agai
1985 MLD 1077 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MUHAMMAD IDREES KHAN VS FEROZA KHANUM Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---S. 21--eviction--Appeal issue of default in payment of rent and personal requirement establishment against tenant--Tenant pleading that husband of landlady entered into an agreement to sell demised premises to him for a consideration and a suit for specific performance of
1985 MLD 992 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
SALEEM J. MUFTI VS GHULAM SARWAR DAWOODI Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---S. 21--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 12 & 13--Ejectment on ground of default--Payments made by tenant on behalf of landlord--Landlord failing to make necessary repairs-Tenant, held, to seek permission from Rent Controller to carry out
1985 MLD 992 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
SALEEM J. MUFTI VS GHULAM SARWAR DAWOODI West Pakistan Urban Rent Restriction Ordinance 1959--12 , ---S. 21--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 12 & 13--Ejectment on ground of default--Payments made by tenant on behalf of landlord--Landlord failing to make necessary repairs-Tenant, held, to seek permission from Rent Controller to carry out repairs etc.--Tenant n
1985 CLC 562 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
M. S. KHAN VS S. M. SIRAJUDDIN Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S.21---eviction---Bona fide need of landlord--Landlord desiring rented premises to use as his own office--Landlord at liberty to do so provided he produced sufficient evidence to satisfy Court about bona fides of his need.
1985 MLD 427 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MASOODA BEGUM VS HOMAL JAL VANIA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13-A & 13(2)(ii)(a)--eviction of tenant--Default in payment of rent--Establishment of--Legal heirs of deceased landlord had sent notice under S.13-A of We
1985 MLD 427 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MASOODA BEGUM VS HOMAL JAL VANIA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13-A & 13(2)(ii)(a)--eviction of tenant--Default in payment of rent--Establishment of--Legal heirs of deceased landlord had sent notice under S.13-A of We
1985 MLD 424 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MUHAMMAD KAMIL VS HAMEEDAN BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13(6) & 15(2)(4)--Civil Procedure Code (V of 1908), Ss. 100 & 151--eviction of tenant--Tentative rent order non-compliance of--Question of fact--Striking off defence--Plea of tenant tha
1985 MLD 424 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MUHAMMAD KAMIL VS HAMEEDAN BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13(6) & 15(2)(4)--Civil Procedure Code (V of 1908), Ss. 100 & 151--eviction of tenant--Tentative rent order non-compliance of--Question of fact--Striking off defence--Plea of tenant tha
1985 MLD 424 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MUHAMMAD KAMIL VS HAMEEDAN BEGUM Code of Civil Procedure 1908--100 , Code of Civil Procedure 1908--151 , ----Ss. 13(6) & 15(2)(4)--Civil Procedure Code (V of 1908), Ss. 100 & 151--eviction of tenant--Tentative rent order non-compliance of--Question of fact--Striking off defence--Plea of tenant that rent for months of default alleged against him had been paid to landlady outside Court-Tenant
1985 MLD 343 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
BASHIR AHMED SIDDIQUI VS NAJEEBUDDIN Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 ----S. 16(2)--Striking off defence--Determination of quantum or rate of refit--Tentative rent order-Non-compliance of--Consequences--Rent Controller for purpose of passing order under S. 16(2) of Ordinance, 1979 is not required to determine quantum or rate of rent finally if s
1985 MLD 157 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
ANWAR JEHAN AHMAD VS BAGHWANTI Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---S. 21--Landlord and tenant--Ejectment--eviction of tenant on basis of bona fide personal requirement of landlady ordered--Plea that landlady herself did not appear in witness-box in support of personal bona fide requirement--Evidence of landlady's son in case, held, was direct on
1985 MLD 119 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
GULZAR BEGUM VS AMTUN NISA Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 --S. 21--Rent agreement--Parties cannot contract out of provisions of law--Parties agreeing to a clause in rent deed that ejectment could arise only when there was continuous default in payment of rent for three months--Agreement expiring arid no fresh agreement executed-Ejectment appli
1985 MLD 116 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MAHBOOB ALAM VS KALSOOM HADI Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss. 2 & 21--"Landlord", definition of--Rent Collector--Even person collecting rent on behalf of landlord becomes landlord for all purposes thus entitling him to file an application for eviction of tenant.--[Words and phrases].
1985 MLD 116 KARACHI-HIGH-COURT-SINDH
Sindh · 1985
MAHBOOB ALAM VS KALSOOM HADI Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss. 2 & 21--"Landlord", definition of--Rent Collector--Even person collecting rent on behalf of landlord becomes landlord for all purposes thus entitling him to file an application for eviction of tenant.--[Words and phrases].
1985 CLC 1107 SUPREME-COURT-AZAD-KASHMIR
Supreme Court · 1985
AQI KHAN VS SHAH MUHAMMAD Pakistan (Administration of Evacuee Property) Act 1957--25 , ---S.25(1)--Possession--Lease--Person after getting lease under section 25(1) of Act, held, competent to ask for eviction of person in actual possession.
1984 SCMR 710 SUPREME-COURT
Supreme Court · 1984
ABDUL QAYYUM VS KHURSHID JAHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(2)(vi) - Word "reconstruction" to be given a pragmatic connotation and meaning in the conditions in S. 13(2) (vi) namely, reasonableness and good faith--"Reconstruction" for which a tenant could be ejected under S. 13(2) (vi)-Held, it was not necessary in every case for landlord to prove demolit
1984 SCMR 317 SUPREME-COURT
Supreme Court · 1984
NISAR AHMAD VS DISTRICT JUDGE MUZAFFARGARH West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-eviction sought by transferee-landlord on grounds of default in payment of rent, damage to property and bona fide personal need for reconstruction Tenant denying relationship of landlord and tenant between him and transferee-Landlord on ground of being in possession of property as co
1984 SCMR 317 SUPREME-COURT
Supreme Court · 1984
NISAR AHMAD VS DISTRICT JUDGE MUZAFFARGARH Constitution of Pakistan 1973--199 , ----S. 13-Constitution of Pakistan (1973), Art. 199--eviction sought by transferee-landlord on grounds of default in payment of rent, damage to property and bona fide personal need for reconstruction Tenant denying relationship of landlord and tenant--Question whether such relationship between parties existed, wi
1984 PLD 222 SUPREME-COURT
Supreme Court · 1984
ATTAULLAH JAN VS ABDULLAH JAN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Art. 185 (13)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 2(f ) & 2-A-Leave to appeal granted to landlord to examine whether plea raised for first time in High Court in second appeal that land of which respondent was tenant was not "rented land" wit
1984 PLD 222 SUPREME-COURT
Supreme Court · 1984
ATTAULLAH JAN VS ABDULLAH JAN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Art. 185 (13)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 2(f ) & 2-A-Leave to appeal granted to landlord to examine whether plea raised for first time in High Court in second appeal that land of which respondent was tenant was not "rented land" wit
1984 SCMR 1305 SUPREME-COURT
Supreme Court · 1984
FAZAL MUHAMMAD VS ROSHAN DIN Constitution of Pakistan 1973--185 , --Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment proceedings on grounds of default personal use and damage to property--Respondent tenant having failed to accept service, Rent Controller passing exparte order followed by an order of eviction--Leave to appeal granted to consider
1984 SCMR 1168 SUPREME-COURT
Supreme Court · 1984
NAIK ALAM VS DISTRICT JUDGE, FAISALABAD Constitution of Pakistan 1973--185 , West Pakistan Local Councils and Municipal Committees Servants (Further Usefulness in Service) Rules 1963--RULE , West Pakistan Urban Rent Restriction Ordinance 1959--17 , -- Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 17-Execution of eviction order-Leave to appeal Granted to settle a
1984 SCMR 1168 SUPREME-COURT
Supreme Court · 1984
NAIK ALAM VS DISTRICT JUDGE, FAISALABAD Constitution of Pakistan 1973--185 , West Pakistan Local Councils and Municipal Committees Servants (Further Usefulness in Service) Rules 1963--RULE , West Pakistan Urban Rent Restriction Ordinance 1959--17 , -- Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 17-Execution of eviction order-Leave to appeal Granted to settle a
1984 SCMR 1168 SUPREME-COURT
Supreme Court · 1984
NAIK ALAM VS DISTRICT JUDGE, FAISALABAD Constitution of Pakistan 1973--185 , West Pakistan Local Councils and Municipal Committees Servants (Further Usefulness in Service) Rules 1963--RULE , West Pakistan Urban Rent Restriction Ordinance 1959--17 , -- Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 17-Execution of eviction order-Leave to appeal Granted to settle a
1984 SCMR 1142 SUPREME-COURT
Supreme Court · 1984
GHULAM MUHAMMAD VS MAQSOOD HUSSAIN Provisional Constitution Order 1981--9 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(2)(vi)-Provisional Constitution Order (1 of 1981), Art. 9Ejectment on ground of reconstruction of premises-High Court in exercise of its constitutional jurisdiction not to convert itself and act as Court of First Appeal over Tribunals created by law-H
1984 SCMR 1142 SUPREME-COURT
Supreme Court · 1984
GHULAM MUHAMMAD VS MAQSOOD HUSSAIN Provisional Constitution Order 1981--9 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(2)(vi)-Provisional Constitution Order (1 of 1981), Art. 9Ejectment on ground of reconstruction of premises-High Court in exercise of its constitutional jurisdiction not to convert itself and act as Court of First Appeal over Tribunals created by law-H
1984 SCMR 901 SUPREME-COURT
Supreme Court · 1984
INAYATULLAH VS RENT CONTROLLER, RAWALPINDI Constitution of Pakistan 1973--185 , Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Ejectment on grou
1984 SCMR 901 SUPREME-COURT
Supreme Court · 1984
INAYATULLAH VS RENT CONTROLLER, RAWALPINDI Constitution of Pakistan 1973--185 , Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Ejectment on grou
1984 SCMR 901 SUPREME-COURT
Supreme Court · 1984
INAYATULLAH VS RENT CONTROLLER, RAWALPINDI Constitution of Pakistan 1973--185 , Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Ejectment on grou
1984 SCMR 741 SUPREME-COURT
Supreme Court · 1984
ALLEH YAR VS ADDITIONAL DISTRICT JUDGE Transfer of Property Act 1882--53-A , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- Ss. 13 & 13-A---Transfer of Property Act (IV of 1882), S. 53-ALandlord purchasing property through registered deed from previous owner--Occupants, sitting tenants of property -- Landlord serving
1984 SCMR 741 SUPREME-COURT
Supreme Court · 1984
ALLEH YAR VS ADDITIONAL DISTRICT JUDGE Transfer of Property Act 1882--53-A , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- Ss. 13 & 13-A---Transfer of Property Act (IV of 1882), S. 53-ALandlord purchasing property through registered deed from previous owner--Occupants, sitting tenants of property -- Landlord serving
1984 SCMR 741 SUPREME-COURT
Supreme Court · 1984
ALLEH YAR VS ADDITIONAL DISTRICT JUDGE Transfer of Property Act 1882--53-A , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- Ss. 13 & 13-A---Transfer of Property Act (IV of 1882), S. 53-ALandlord purchasing property through registered deed from previous owner--Occupants, sitting tenants of property -- Landlord serving
1984 SCMR 722 SUPREME-COURT
Supreme Court · 1984
SIRAJ DIN VS SUBA Constitution of Pakistan 1973--185 , ---Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3) (a)(i)-Ejectment on ground of landlord's need for his own occupation-Leave to appeal-Granted to consider whether setting up of free dispensary was a ground recognised for eviction under S. 13(3) (a)(i) of Ordinance.
1984 PLD 68 PESHAWAR-HIGH-COURT
KPK · 1984
MST. SHAH SULTAN VS CONTROLLER OF RENTS, PESHAWAR CANTONMENT Constitution of Pakistan 1973--199 , ---S. 13(2)(vi)-Constitution of Pakistan (1973), Art. 199-eviction on ground .of re-construction-Land lady appending an approved site plan to her eviction application for reconstruction of demised shop and nothing shown from evidence on record that it was just a contrivance on her part to dislod
1984 PLD 68 PESHAWAR-HIGH-COURT
KPK · 1984
MST. SHAH SULTAN VS CONTROLLER OF RENTS, PESHAWAR CANTONMENT West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(vi)-Constitution of Pakistan (1973), Art. 199-eviction on ground of reconstruction-Landlady producing alongwith her eviction application an approved site plan from Cantonment Board for reconstruction of demised shop--Functionaries below dismissing her eviction .
1984 PLD 46 PESHAWAR-HIGH-COURT
KPK · 1984
LAL ZARIN VS NIAZ MUHAMMAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , -- Ss. 13 & 15(4)-Ejectment-Relationship of landlord and tenant denied by tenant-Record making it amply clear that tenant had admitted that he was occupying house under respondent on payment of monthly rent and for certain period he paid rent and
1984 CLC 2400 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
LALA VS ADDITIONAL COMMISSIONER, SARGODHA DIVISION, SARGODHA. Provisional Constitution Order 1981--9 , Punjab Tenancy Act 1887--70 , - Art. 9 read with Punjab Tenancy Act (XVI of 1887), S. 70-Writ jurisdiction, scope of-Revenue Courts of competent jurisdiction giving unanimous decision that petitioners were tenant under respondents and had failed to pay rent in respect of their tenancy and w
1984 CLC 2400 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
LALA VS ADDITIONAL COMMISSIONER, SARGODHA DIVISION, SARGODHA. Provisional Constitution Order 1981--9 , Punjab Tenancy Act 1887--70 , - Art. 9 read with Punjab Tenancy Act (XVI of 1887), S. 70-Writ jurisdiction, scope of-Revenue Courts of competent jurisdiction giving unanimous decision that petitioners were tenant under respondents and had failed to pay rent in respect of their tenancy and w
1984 CLC 2196 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
FAZAL AHMED VS RAMZAN BIBI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , West Pakistan Urban Rent Restriction Ordinance 1959--10 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restri
1984 CLC 2196 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
FAZAL AHMED VS RAMZAN BIBI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , West Pakistan Urban Rent Restriction Ordinance 1959--10 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restri
1984 CLC 2135 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
MUHAMMAD RAFIQ VS KHALID RAUF Provisional Constitution Order 1981--9 , -- Art. 9-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13- Ejectment-application - Petitioners denying their status as tenant before Rent Controller-Relationship of landlord and tenant proved vis-a-vis tenant's denial-Forfeiture of tenant's defence even on other points, was natural result-Contention tha
1984 CLC 1702 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
GULZAR AHMAD VS ADDITIONAL DISTRICT JUDGE, SARGODHA West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-Application seeking ejectment of tenant from shop for extension of business-Landlord himself tenant in a shop in another locality-Location of disputed shop suitable to intended extension of business-Contention that landlord owned two shops in other part of city -Held : Fact
1984 PLD 291 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
IQBAL SIDDIQUI VS ASSISTANT SETTTLEMENT COMMISSIONER (URBAN) Provisional Constitution Order 1981--9 , Art. 9-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10-Evacuee property correctly utilized by Settlement Department and purchased by landlord in open auction Landlord filing application against
1984 CLC 1696 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
AGRICULTURAL DEVELOPMENT BANK VS MUHAMMAD AYUB West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(3)(a)(ii)-Composite building having residential and non-residential portions-One portion let out for business purpose-Other portion let out for residential purpose-Landlord seeking eviction of tenant from portion let out for business purpose for personal residential use-Contentio
1984 CLC 1693 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
REHMAT ALI VS MUHAMMAD WAJID Constitution of Pakistan 1973--199 , -- S. 13 read with Constitution of Pakistan (1973), Art. 199-eviction proceedings-Finding of fact-Writ jurisdiction--Courts below recording unanimous findings on question of fact that premises needed by landlord for bona fide personal use--Such findings, held, cannot be assailed in writ jurisdiction merely for reason that on b
1984 CLC 1693 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
REHMAT ALI VS MUHAMMAD WAJID West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---eviction proceedings-Bona fide personal requirement-Landlord, a minor not coming to witness-box to show his bona fide requirement-Father of minor landlord, acting as next friend filing ejectment application on his behalf appeared and testified about bona fide requirement for personal use of min
1984 CLC 1506 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
MUHAMMAD ANWAR VS Mst. BALQEES BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13-Ejectment-Landlord on purchase of property also assigned to receive arrears of rent (from year 1962) with transfer of property in his favour through registered sale-deed-Rent beyond period of three years preceding institution of ejectment petition cannot be claimed-Question of arrears of r
1984 CLC 1458 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
GHULAM MUJTABA VS NAEEMA KHANUM Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--101 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13-Civil Procedure Code (V of 1908), O. XXI, ff. 99, 1
1984 CLC 1458 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
GHULAM MUJTABA VS NAEEMA KHANUM Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--101 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13-Civil Procedure Code (V of 1908), O. XXI, ff. 99, 1
1984 CLC 1139 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
LIAQAT ALI VS FIRDAUS BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13-eviction proceedings-Default-Tenant's first application showing seeking extension of time for deposit of arrears of rent due to his unemployment, illness and inability to deposit whole amount in one instalment as per directions of Rent Controller In subsequent application taking up entirely differen
1984 PLD 179 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
MUHAMMAD SALEEM ALIAS SEEMA VS SARDAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2(c), 13 & 17-Ejectment for personal need of landlord-Death of landlord during pendency of proceedings - Personal need of surviving male children joint and indivisible with t
1984 CLC 874 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
GHULAM MUHAMMAD VS ZUBAIDA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 - Civil Procedure Code (V of 1908), S. 47 & O. XXIII, r. 3-Predecessors-in-interest of respondents delivering possession of portion of property in question to petitioner as consideration for his having relinquished his possession. from another portion which was under mortgage - Agreement betwe
1984 CLC 659 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
PAIDIN VS LAHORE DEVELOPMENT AUTHORITY Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Code of Civil Procedure 1908--100 , West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966--3 , -- O. XXXIX, rr. 1 & 2 and S. 100-W
1984 CLC 659 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
PAIDIN VS LAHORE DEVELOPMENT AUTHORITY Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Code of Civil Procedure 1908--100 , West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966--3 , -- O. XXXIX, rr. 1 & 2 and S. 100-W
1984 CLC 659 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
PAIDIN VS LAHORE DEVELOPMENT AUTHORITY Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Code of Civil Procedure 1908--100 , West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966--3 , -- O. XXXIX, rr. 1 & 2 and S. 100-W
1984 MLD 1235 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
M. AFZAL MUNIF VS BOARD OF TRUSTEES, ABANDONED PROPERTIES (CABINET DIVISION), ISLAMABAD Provisional Constitution Order 1981--9 , ---S. 13--Provisional Constitution Order (1 of 1981), Art. 9--Ejectment--Constitutional jurisdiction--Invocation against order of ejectment-Agreement to sell--Tenant claiming that landlord had an agreement with him to sell property under tenancy but failing to prov
1984 MLD 1235 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
M. AFZAL MUNIF VS BOARD OF TRUSTEES, ABANDONED PROPERTIES (CABINET DIVISION), ISLAMABAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 13--Provisional Constitution Order (1 of 1981), Art. 9--Ejectment--Constitutional jurisdiction--Invocation against order of ejectment-Agreement to sell--Tenant claiming that landlord had an
1984 MLD 261 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
RAHMAN HAFEEZ VS S. M. YUSUF Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S.17--Provisional Constitution Order (1 of 1981), Art. 9--eviction-Rent Controller directing tenants to deposit s certain sum within a stipulated time for payment to landlord for becoming owner of disputed house and tenants failing to pay or deposit said amount within stipulated
1984 MLD 261 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
RAHMAN HAFEEZ VS S. M. YUSUF Provisional Constitution Order 1981--9 , ---S.17--Provisional Constitution Order (1 of 1981), Art. 9--eviction-Rent Controller directing tenants to deposit s certain sum within a stipulated time for payment to landlord for becoming owner of disputed house and tenants failing to pay or deposit said amount within stipulated period, would be ejected from house and p
1984 CLC 454 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
MUHAMMAD IQBAL VS ATTAULLAH NISAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-eviction proceedings -Relationship of landlord and tenant-Some of witnesses produced by appellant admitting that respondents had been paying rent regularly to respondents-Sometimes prior to institution of application under S. 13 petitioners jointly filing, suit for mandatory injunction agains
1984 CLC 172 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
GHULAM SARWAR VS MUHAMMAD ALI Code of Civil Procedure 1908--100 , Evidence Act 1872--92 , Specific Relief Act 1877--31 , -- S. 100-Evidence Apt (I of 1872), S. 92 (a)-Specific Relief Act (I of 1877), S. 31-Second appeal-Suit property described incorrectly-Title accrued cannot be defeated-Both plaintiff and respondent claiming that they were: sold property in same Khasra and that they were al
1984 CLC 172 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
GHULAM SARWAR VS MUHAMMAD ALI Code of Civil Procedure 1908--100 , Evidence Act 1872--92 , Specific Relief Act 1877--31 , -- S. 100-Evidence Apt (I of 1872), S. 92 (a)-Specific Relief Act (I of 1877), S. 31-Second appeal-Suit property described incorrectly-Title accrued cannot be defeated-Both plaintiff and respondent claiming that they were: sold property in same Khasra and that they were al
1984 CLC 172 LAHORE-HIGH-COURT-LAHORE
Punjab · 1984
GHULAM SARWAR VS MUHAMMAD ALI Code of Civil Procedure 1908--100 , Evidence Act 1872--92 , Specific Relief Act 1877--31 , -- S. 100-Evidence Apt (I of 1872), S. 92 (a)-Specific Relief Act (I of 1877), S. 31-Second appeal-Suit property described incorrectly-Title accrued cannot be defeated-Both plaintiff and respondent claiming that they were: sold property in same Khasra and that they were al
1984 CLC 3440 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
GHULAM MUHAMMAD VS SHAMEEMA KHATOON West Pakistan Urban Rent Restriction Ordinance 1959--13 , -----S. 13(6)-Tentative rent order-Default-Waiver-Application for striking off defence for default of payment of rent filed after about two years -Right of landlord, held, waived-Unless allegation of default was made by landlord, tenant, held further, could not come forward to explain reasons for no
1984 CLC 3434 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SYED BROTHERS VS FILM EXHIBITORS LTD Civil Procedure Code --Order XXII of C.P.C. Death, Marriage and Insolvency of Parties--3 , -----S. 13(2)-Civil Procedure Code (V of 1908), O. XXII, r. 3Legal representative, impleading of-Provisions of O. XX1I, C. P. C. although not applicable to cases of eviction of tenants under Ordinance yet principles of said provisions could be invoked and any proced
1984 CLC 3093 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
MUSHTAQ AHMAD KHAN VS MUSTAFA-UL-HASAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 15-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(4)-Bona fide personal requirement-Such claim or assertion of landlord although by itself may be insufficient, yet consistent with his averments in eviction application and not shaken in his cross-examination or disproved
1984 CLC 3066 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
GEORGE LEVI VS ZAKIA SULTANA Sindh Rented Premises Ordinance 1979--14 , --S. 14-Personal requirement-Landlady stating that she required premises for her own use and occupation - Rent Controller ordinarily need not unnecessarily start with presumption that she was not stating truth-Such presumption, held, rebuttable and could be displaced by acceptable evidence-Mere statement that case of lan
1984 CLC 2888 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SAFDAR BANO VS INAMUL HAQ Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.30--West Pakistan Urban Rent Restriction ordinance (VI of 1959), S.13--Open plot--Notice under section 30--Appellant occupying open plot which had been allotted to respondent--Section 30 of Act being not applicable to open plots, notice u
1984 CLC 2888 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SAFDAR BANO VS INAMUL HAQ Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.30--West Pakistan Urban Rent Restriction ordinance (VI of 1959), S.13--Open plot--Notice under section 30--Appellant occupying open plot which had been allotted to respondent--Section 30 of Act being not applicable to open plots, notice u
1984 CLC 2635 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
AZMAT HAYAT KHAN VS MUSHIR AZAM Sindh Rented Premises Ordinance 1979--14 , ---S.14--eviction proceedings --Requirement of landlord for personal use and occupation --Wife owning a house --Held, cannot be treated or considered as house of husband and as such cannot be pressed by a tenant to disentitle landlord to seek ejectment of premises owned by him for his use and occupation.
1984 CLC 2632 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ASHRAF ALI VS ABDUL RASHID Sindh Rented Premises Ordinance 1979--15 , --S.15 --eviction proceedings --Tenant resident of K and in possession of disputed premises served with notice and almost all formalities in connection with service complied with before passing ex parte ejectment order against him --Tenant found committing default in payment of rent and appeal filed by him time-barred --ev
1984 CLC 2554 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
WALI MUHAMMAD VS ABDUL KARIM West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13(2)(i)--eviction of tenant--Default in payment of rent--Lease agreement expired--Terms of same, held, could not be resorted to for purpose of statutory relationship--Rent could have been paid or deposited on expiry of lease agreement within 60 days of time when rent had become due.
1984 CLC 2532 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
AMAN ELECTRONICS SALES AND SERVICES VS ABDUL HAMID Code of Civil Procedure 1908--100 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.100--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--eviction of trespassers--Appellants neither inducted by landlords nor by tenants but by an un-authorised person--Appellants not proving that they were duly authorised sub-t
1984 CLC 2532 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
AMAN ELECTRONICS SALES AND SERVICES VS ABDUL HAMID Code of Civil Procedure 1908--100 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.100--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--eviction of trespassers--Appellants neither inducted by landlords nor by tenants but by an un-authorised person--Appellants not proving that they were duly authorised sub-t
1984 CLC 2485 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SHAMSHAD ALI VS KARACHI DEVELOPMENT AUTHORITY Code of Civil Procedure 1908--100 , ---S.100--Second appeal--Appellant forcibly ejected by respondent from possession of disputed property in respect of which allotment issued in his favour and about which he continued to pay hire-purchase instalments-Possession of appellant clearly established by his eviction--Appellant whether a licensee or all
1984 PLD 373 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
GHULAM ABBAS ADAMALI JEEVAJI VS HASSANALI & CO West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?Ejectment for default?Tenant taking defence that there was a practice or custom of paying/receiving rent in lump sum for several months at a time?Burden of proving such assertion lay on tenant.[Burden of proof]. S. 13?Ejectment for default?No absolute rule that in case of nonpayment
1984 CLC 2393 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ABDUL AZIZ TAYEB VS TRUSTEES OF THE PORT OF KARACHI Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Karachi Port Trust Act 1886--87 , Port Authorities Lands and Buildings (Recovery of Possession) Ordinance 1962--3 , ---S. 87-Port Authority Land and Building (Recovery of Possession) Ordinance (XXIX of 1962), Ss. 3 (1) & 29-Civil Procedure Code (V of 1908), O. VII, r. I1-Notice issued
1984 CLC 2393 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ABDUL AZIZ TAYEB VS TRUSTEES OF THE PORT OF KARACHI Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Transfer of Property Act 1882--112 , Transfer of Property Act 1882--113 , -- Ss. 112 & 113-Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2-Tem
1984 CLC 2393 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ABDUL AZIZ TAYEB VS TRUSTEES OF THE PORT OF KARACHI Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Transfer of Property Act 1882--112 , Transfer of Property Act 1882--113 , -- Ss. 112 & 113-Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2-Tem
1984 CLC 2393 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ABDUL AZIZ TAYEB VS TRUSTEES OF THE PORT OF KARACHI Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Karachi Port Trust Act 1886--87 , Port Authorities Lands and Buildings (Recovery of Possession) Ordinance 1962--3 , ---S. 87-Port Authority Land and Building (Recovery of Possession) Ordinance (XXIX of 1962), Ss. 3 (1) & 29-Civil Procedure Code (V of 1908), O. VII, r. I1-Notice issued
1984 CLC 2393 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ABDUL AZIZ TAYEB VS TRUSTEES OF THE PORT OF KARACHI Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Karachi Port Trust Act 1886--87 , Port Authorities Lands and Buildings (Recovery of Possession) Ordinance 1962--3 , ---S. 87-Port Authority Land and Building (Recovery of Possession) Ordinance (XXIX of 1962), Ss. 3 (1) & 29-Civil Procedure Code (V of 1908), O. VII, r. I1-Notice issued
1984 CLC 2324 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SAIDUR RAHMAN VS WAJIHUDDIN H. MEMON Civil Procedure Code --Order III of C.P.C. Recognized Agents and Pleaders--1 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S. 13-Civil Procedure Code (V of 1908), O. III-eviction proceedings - Provisions of C. P. C., application of - Held, provisions under Ordinance being quasi-judicial or administrative in nature, provisions of C. P. C.
1984 CLC 2324 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SAIDUR RAHMAN VS WAJIHUDDIN H. MEMON Civil Procedure Code --Order III of C.P.C. Recognized Agents and Pleaders--1 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S. 13-Civil Procedure Code (V of 1908), O. III-eviction proceedings - Provisions of C. P. C., application of - Held, provisions under Ordinance being quasi-judicial or administrative in nature, provisions of C. P. C.
1984 CLC 2213 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SULEMAN GHAZI VS GHULAM HYDER West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(3)(a)-eviction proceedings--eviction of tenant can be refused only when landlord is found in possession of building suitable for his needs in same urban area as of demised property-Provisions of S. 13(3)(a), held; cannot be extended to cover a building occupied by him but not owned by him.
1984 CLC 2213 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SULEMAN GHAZI VS GHULAM HYDER Sindh Rented Premises Ordinance 1979--15 , -- S. 15-eviction proceedings-Landlord owning other properties in urban area-Held, not a ground to disentitle him to seek ejectment as his personal requirement cannot be connected with such properties.
1984 CLC 1981 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
MUHAMMAD YOUNIS VS SALMA KHATOON West Pakistan Urban Rent Restriction Ordinance 1959--13 , -----S. 13--Ejectment proceedings-Default in payment of rent-Tenant depositing Rs. 2,000 as fixed deposit by way of security with landlord- Through Miscellaneous Rent Application depositing rent with Rent Controller for disputed period and thereafter regularly depositing rent-Rent of disputed premises
1984 CLC 1979 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
INAYAT ALI KHAN VS HUSAIN BI West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S 13(2)-eviction of tenant-Default in payment of rent-Ejectment petition filed on ground of default in payment of rent for 4 months Advance rent of 6 months already lying deposit with landlady-D-.fault, held, technical-It would reduce law to a farce, if tenant ejected for being in debt to landlady when
1984 CLC 1950 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
NANHEY KHAN VS AMJADI BEGUM Sindh Rented Premises Ordinance 1979--16 , ------S. 16-eviction proceedings-Personal requirement of landlord's sons-Examination of all as witnesses for whose benefit premises are required, held, not necessary if evidence of one of such persons is reliable and inspires confidence-Factum of non-examination of other persons may not be fatal if Court satisfied that pe
1984 CLC 1942 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
MUHAMMAD RAMZAN VS INAYATULLAH Sindh Rented Premises Ordinance 1979--16 , ------S. 16-Tentative rent order-Non-compliance of-Rent Controller framing preliminary issue on question of relationship, deciding same and passing tentative rent order-Tenant not complying same-Held Tenants were duty bound to comply with tentative rent order till decision of main case on merits-Non-compliance, held, r
1984 CLC 1917 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ABDUL HAFEEZ VS FARIDUN NISA" West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13-eviction proceedings-Ailment and sickness of applicant old one-Not pleaded in ejectment application neither stated in notice nor supported by any doctor-Plea of ailment and sickness, held, to be excluded from consideration.
1984 CLC 1913 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
MUHAMMAD IQBAL VS RIAZ AHMAD Sindh Rented Premises Ordinance 1979--14 , --- S. 14(1)-eviction of tenant-Service of notice-Validity-Giving of two months' notice for vacation of premises necessary-Notice given earlier than two months, held, cannot be called a valid notice.
1984 CLC 1890 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
MUHAMMAD ASHRAF VS MUHAMMAD SAFDAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-eviction proceedings-Default in payment of rent-Written objections filed by tenant not showing his sending of; rent to landlord through money order - Tenant not producing receipts of Postal Authorities or returned counterfoil of money orders, neither summoning record of Postal Authorities to
1984 CLC 1869 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
MAQSOOD AHMAD VS WASIUL DIN AHMAD Sindh Rented Premises Ordinance 1979--16 , ----- S. 16-eviction proceedings -Landlord giving a completely wrong description in title although aware that tenant was residing on first floor and not on ground floor-Service of all notices effected on ground floor and even notice of execution application published in newspaper mentioning same address-Initial on p
1984 CLC 1690 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
M. YOUSUF VS WALI MUHAMMAD Code of Civil Procedure 1908--12 , Code of Civil Procedure 1908--9 , Sindh Rented Premises Ordinance 1979--20 , -- S. 20-Civil Procedure Code (V of 1908), Ss. 9 & 12(2)-Application for eviction on ground of default in payment of rent-Ex parte ejectment orders passed by Rent Controller against tenant-Application under S. 12(2) of Civil Procedure Code challenging suc
1984 CLC 1690 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
M. YOUSUF VS WALI MUHAMMAD Code of Civil Procedure 1908--12 , Code of Civil Procedure 1908--9 , Sindh Rented Premises Ordinance 1979--20 , -- S. 20-Civil Procedure Code (V of 1908), Ss. 9 & 12(2)-Application for eviction on ground of default in payment of rent-Ex parte ejectment orders passed by Rent Controller against tenant-Application under S. 12(2) of Civil Procedure Code challenging suc
1984 CLC 1686 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
KAWAKAB BEGUM VS ABUL FAZAL KAUSAR Sindh Rented Premises Ordinance 1979--14 , -- S. 14(1) & (2)-eviction proceedings---Landlady widow, retired Government servant and also having attained age of 60 years a privileged person under S. 14-Held, entitled to possession of shop under S. 14(1) irrespective of fact that she is in possession of residential portion of same building-Possession of reside
1984 PCRLJ 2835 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
DOST VS STATE Pakistan Penal Code 1860--409 , Pakistan Penal Code 1860--467 , Pakistan Penal Code ---Ss. 409 & 467--Criminal breach of trust--Evidence, appreciation of-Prosecution failed to obtain specimen signatures of accused as well as that of witness whose signatures allegedly forged, for comparison with disputed signatures on withdrawal slips--Prosecution also led no to prove that payme
1984 CLC 1164 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
MUHAMMAD HUSSAIN VS MUHAMMAD ZAFAR NABI KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-eviction proceedings-Subletting of premises-Certified copies of pleadings in D,. W. proceedings relied upon by Rent Controller showing admission regarding tenant. subletting of disputed premises-Rent Controller, held, rightly evicted tenant from disputed premises-Fact that landlord
1984 CLC 1158 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
JAMALUDDIN VS HAMIDA BEGUM Sindh Rented Premises Ordinance 1979--15 , -- S. 15-eviction proceedings-Landlord's requirement in good faith-Tenant failing to hand over tenement after expiry of tenancy period-Landlord, held, entitled to seek ejectment- Invoking of such right in good faith not requirement of law.
1984 CLC 1073 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
NAIM METAL & PLASTIC WORKS VS AZRA VAQAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , ----S. 2 (d) & 13-Sind Rented Premises Ordinance (XVII of 1979), Ss. 15 & 21 - Residential premises -Change in character of -eviction for bona fide personal requirement-Premises rented out purchased as a `house'-Partly used for residentia
1984 CLC 1061 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
JANA BAI VS GULSHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15 & 21-eviction-Personal requirement-Evidence regarding requirement of premises at variance with pleadings -Fact of personal requirement not taken as a ground of eviction in application for ejectment although need for accommodation arisen before filing application-Subsequent affi
1984 CLC 1061 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
JANA BAI VS GULSHAN Sindh Rented Premises Ordinance 1979--13 , -----Ss. 13, 15 & 21 -eviction of tenant-Section 13 providing protection to tenant against eviction and creating impediment in way of landlord in recovering possession-Fulfilment of requirement of one or more clauses given in S. 15, held, removes obstacles in way of landlord and making it possible for him to recover possession.
1984 PLD 168 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ABDUL AZIZ VS HASSAN MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)?Nature of provision?Drastic and serious?Penal consequences if provision disobeyed?Held : Such provisions to be construed strictly.?[Interpretation of statutes]. S. 13(6)?Object?Protection of tenant from eviction if tenant mindful of his obligation rather affording landlord speedy method of realis
1984 CLC 916 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SALEH MUHAMMAD VS HALIMA Sindh Rented Premises Ordinance 1979--2 , -- S. 2(c).-"Landlord''-eviction proceedings-Landlord need not necessarily be owner. of rented land-Before landlord can claim to be a landlord and that respondents are his .tenants, he has to prove that he is for time being entitled to receive rent in respect of premises in question whether on his account or on behalf of or b
1984 CLC 916 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SALEH MUHAMMAD VS HALIMA Sindh Rented Premises Ordinance 1979--15 , -- S. 15-eviction proceedings-Order of Rent Controller that there existed no relationship of landlord and tenant between parties arrived at after full discussion and appreciation of evidence and after considering relevant provisions of law-Copy of P. T. 1. issued by Excise and Taxation Department not showing names of petitio
1984 CLC 911 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
YUSUF VS FAZAL KARIM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , - Ss. 13 & 15-eviction proceedings-Rent order having been set aside by appellate Court, Rent Controller, held, cannot penalize non compliance with same after remand of case.
1984 CLC 911 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
YUSUF VS FAZAL KARIM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , General Clauses Act 1897--6 , -----S. 30 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-General Clauses Act (I of 1897). S. 6-Service of notice-eviction proceedings- Character and intention underlying S. 30 of Act relating to issuance of notice and protection of tenant are of
1984 CLC 911 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
YUSUF VS FAZAL KARIM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , General Clauses Act 1897--6 , -----S. 30 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-General Clauses Act (I of 1897). S. 6-Service of notice-eviction proceedings- Character and intention underlying S. 30 of Act relating to issuance of notice and protection of tenant are of
1984 CLC 841 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
RIAZ AHMAD VS MUHAMMAD HUSSAIN Evidence Act 1872--115 , Sindh Rented Premises Ordinance 1979--21 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , -- S. 13-A-Sind Rented Premises Ordinance (XVII of 1979), S. 21Evidence Act (I of 1872), S. 115 - Notice of change of ownership of property-Object of S. 13-A, West Pakistan Urban Rent Restriction Ordinance, 1959 to inform tenant of cha
1984 CLC 841 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
RIAZ AHMAD VS MUHAMMAD HUSSAIN Evidence Act 1872--115 , Sindh Rented Premises Ordinance 1979--21 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , -- S. 13-A-Sind Rented Premises Ordinance (XVII of 1979), S. 21Evidence Act (I of 1872), S. 115 - Notice of change of ownership of property-Object of S. 13-A, West Pakistan Urban Rent Restriction Ordinance, 1959 to inform tenant of cha
1984 CLC 841 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
RIAZ AHMAD VS MUHAMMAD HUSSAIN Evidence Act 1872--115 , Sindh Rented Premises Ordinance 1979--21 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , -- S. 13-A-Sind Rented Premises Ordinance (XVII of 1979), S. 21Evidence Act (I of 1872), S. 115 - Notice of change of ownership of property-Object of S. 13-A, West Pakistan Urban Rent Restriction Ordinance, 1959 to inform tenant of cha
1984 CLC 828 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ZAHID ALI VS MUHAMMAD NASIM West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13 -eviction--Default in payment of rent-Restriction-Tenant failing to tender rent despite repeated requests, letters and legal notice sent to him by landlord to pay rent regularly-First Appellate Court held. justified in declining to exercise discretion in favour of tenant and hold him wilful default
1984 CLC 819 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
MANZOOR AHMAD VS NAZIR AHMAD KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--21 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , --S. 2(c)-Sind Rented Premises Ordinance (XVII of 1979), Ss. 2 (f ), 15 & 2l-eviction of tenant-Tenant denying relationship of landlord and tenant-House let out to tenant by l
1984 CLC 819 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
MANZOOR AHMAD VS NAZIR AHMAD KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--21 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , --S. 2(c)-Sind Rented Premises Ordinance (XVII of 1979), Ss. 2 (f ), 15 & 2l-eviction of tenant-Tenant denying relationship of landlord and tenant-House let out to tenant by l
1984 CLC 794 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ADAM LTD. VS GENERAL & RUBBER TRADING COMPANY Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , -- Ss. 15 & 21-Ejectment-Default in payment of rent-Tenant before taking possession of premises paying three months rent as deposit with landlord-Tenant also paying a certain sum through cheque towards rent before ejectment application filed by landlord-Taking i
1984 PLD 147 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SPINZER SNACKS VS ANJUM A. RAB Cantonments Rent Restriction Act 1963--17 , S. 17-Bona fide, personal requirement-Tenant producing letters exchanged between landlady's husband and property dealer regarding sale of property in dispute prior to filing of eviction application?Such evidence, held, did not disprove bona fide requirement of landlady and her husband because by filing ejectment appli
1984 MLD 397 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SHABBIR HUSSAIN VS MOIZ ABBAS West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.13 & 14- -Ejectment on ground of default in payment of rent-In first application eviction was sought on ground of default in payment of rent from June, 1973 to November, 1973 while in second
1984 MLD 397 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
SHABBIR HUSSAIN VS MOIZ ABBAS West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.13 & 14- -Ejectment on ground of default in payment of rent-In first application eviction was sought on ground of default in payment of rent from June, 1973 to November, 1973 while in second
1984 CLC 450 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ABDUL RASHID VS MUHAMMAD FAZLUR REHMAN Transfer of Property Act 1882--54 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13-Transfer of Property Act (IV of 1882), S. 54-Sind Co-operative Societies Act (VII of 1925), S. 32(1)-Sale transaction-Registration-Contention that once immovable property transferred, such transaction would compulsorily be registrable notwithstanding p
1984 CLC 450 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ABDUL RASHID VS MUHAMMAD FAZLUR REHMAN Transfer of Property Act 1882--54 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13-Transfer of Property Act (IV of 1882), S. 54-Sind Co-operative Societies Act (VII of 1925), S. 32(1)-Sale transaction-Registration-Contention that once immovable property transferred, such transaction would compulsorily be registrable notwithstanding p
1984 CLC 265 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
ANWARI BEGUM VS NOOR HASSAN Sindh Rented Premises Ordinance 1979--15 , -- S. 15 (2) (vii) - eviction of tenant-Requirement for personal use-Question of good faith considered-Landlady occupying ground floor-Tenant residing on top floor-Some other portions on first and second floor falling vacant during pendency of ejectment proceedings rented out to other tenants-No evidence produced by landl
1984 CLC 114 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
MAHBOOB ALI VS GHULAM RABBANI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , -- S. 15(4) read with S. 13-Ejectment on ground of default in payment of rent-Courts below finding that relationship of landlord and tenant existed between parties-Tenant not asserting that he ever paid or tendered any rent to landlord-Held, Rent C
1984 PLD 14 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
RAJAB ALI VS DARIUS B. KANDAWALLA Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21--Landlord's desire to live in his own house, held, quite natural?Tenant cannot be permitted to assail desire of landlord to live in his own house as being mala fide or having been expressed in bad faith?Once a landlord has elected to live in his own house his demand for eviction of his tenant would be pr
1984 PLD 14 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
RAJAB ALI VS DARIUS B. KANDAWALLA Sindh Rented Premises Ordinance 1979--15 , Ss. 15 & 21?Landlord's desire to live in his own house, held, quite natural?Tenant cannot be permitted to assail desire of landlord to live in his own house as being mala fide or having been expressed in bad faith?Once a landlord has elected to live in his own house his demand for eviction of his tenant would be pre
1983 SCMR 525 SUPREME-COURT
Supreme Court · 1983
SIRAJUDDIN VS FAKHRUZZAMAN Evidence Act 1872--115 , Evidence Act 1872--116 , Proviso--TERM , S. 49 read with Punjab Tenancy Act (XVl of 1887). S. 77, proviso and Evidence Act (I of 1872), Ss. 115 & 116-eviction of tenant-Tenant in defence of eviction petition denying jurisdiction of Revenue Court and putting forward his own ownership and title in land thereby completely ousting title and own
1983 SCMR 525 SUPREME-COURT
Supreme Court · 1983
SIRAJUDDIN VS FAKHRUZZAMAN Eviction of tenant--TERM , Punjab Tenancy Act 1887--77 , -- Art. 185(3) read with N.-W. F. P. Tenancy Act (XXV of 1950), S. 49 and Punjab Tenancy Act (XVI of 1887), S. 77-eviction of tenant-Pleas of improvements and want of notice of forfeiture of tenancy not specifically raised by tenant in written statement-Omission to raise such questions of fact in pleadings-He
1983 SCMR 525 SUPREME-COURT
Supreme Court · 1983
SIRAJUDDIN VS FAKHRUZZAMAN Evidence Act 1872--115 , Evidence Act 1872--116 , Proviso--TERM , S. 49 read with Punjab Tenancy Act (XVl of 1887). S. 77, proviso and Evidence Act (I of 1872), Ss. 115 & 116-eviction of tenant-Tenant in defence of eviction petition denying jurisdiction of Revenue Court and putting forward his own ownership and title in land thereby completely ousting title and own
1983 SCMR 525 SUPREME-COURT
Supreme Court · 1983
SIRAJUDDIN VS FAKHRUZZAMAN N.-W.F.P. Tenancy Act 1950--49 , -- S. 49 read with Punjab Tenancy Act (XVI of 1887), S. 77-eviction of tenant-Landlord succeeding in proving his ownership of land through succession as evidenced by Revenue record--Solitary statement of tenant to contrary-Held; insufficient to rebut presumption arising out of entries of revenue record characterised by antiquity (19
1983 SCMR 525 SUPREME-COURT
Supreme Court · 1983
SIRAJUDDIN VS FAKHRUZZAMAN Eviction of tenant--TERM , Punjab Tenancy Act 1887--77 , -- Art. 185(3) read with N.-W. F. P. Tenancy Act (XXV of 1950), S. 49 and Punjab Tenancy Act (XVI of 1887), S. 77-eviction of tenant-Pleas of improvements and want of notice of forfeiture of tenancy not specifically raised by tenant in written statement-Omission to raise such questions of fact in pleadings-He
1983 SCMR 507 SUPREME-COURT
Supreme Court · 1983
MUHAMMAD ISMAIL QAMAR VS MUHAMMAD IBRAHIM Constitution of Pakistan 1973--185 , Leave to appeal--TERM , --Art. 185 (3) read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (3)-Leave to appeal-Granted to consider question whether plea of landlord, a heart patient, in seeking eviction of tenant from first door of building for his personal use was bona fide.
1983 SCMR 507 SUPREME-COURT
Supreme Court · 1983
MUHAMMAD ISMAIL QAMAR VS MUHAMMAD IBRAHIM Constitution of Pakistan 1973--185 , Leave to appeal--TERM , --Art. 185 (3) read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (3)-Leave to appeal-Granted to consider question whether plea of landlord, a heart patient, in seeking eviction of tenant from first door of building for his personal use was bona fide.
1983 SCMR 391 SUPREME-COURT
Supreme Court · 1983
ZOAB VS AKBAR ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S. 13 (5-B);--eviction-Reconstruction-Tenant vacating shop in front position of premises on an agreed arrangement that he would be put in possession of shop in new building-Record showing that tenant had not positively agreed to occupy shop on back side of building Contention that tenant having consented to vacat
1983 SCMR 391 SUPREME-COURT
Supreme Court · 1983
ZOAB VS AKBAR ALI Eviction--TERM , -- S. 13 (5-B) - eviction - Reconstruction - While reconstructing building landlord, held, should take into consideration rights of tenant as conferred upon him under.-- S. 13 (2) & (5-B)-eviction-Reconstruction-Right of tenant to occupy building after reconstruction-Question of quantum of area to be given to a tenant, held, a matter within discretion of Re
1983 SCMR 374 SUPREME-COURT
Supreme Court · 1983
ABDUL MAJID VS ADDITIONAL DISTRICT JUDGE, SAHIWAL Constitution of Pakistan 1973--185 , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-Constitution of Pakistan (1973), Art. 185(3) -Ejectment proceedings-Personal requirement-Rent Controller on remand of case from first Appellate Court with direction to record finding on merits afresh on questio
1983 SCMR 374 SUPREME-COURT
Supreme Court · 1983
ABDUL MAJID VS ADDITIONAL DISTRICT JUDGE, SAHIWAL Constitution of Pakistan 1973--185 , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-Constitution of Pakistan (1973), Art. 185(3) -Ejectment proceedings-Personal requirement-Rent Controller on remand of case from first Appellate Court with direction to record finding on merits afresh on questio
1983 SCMR 374 SUPREME-COURT
Supreme Court · 1983
ABDUL MAJID VS ADDITIONAL DISTRICT JUDGE, SAHIWAL Constitution of Pakistan 1973--185 , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-Constitution of Pakistan (1973), Art. 185(3) -Ejectment proceedings-Personal requirement-Rent Controller on remand of case from first Appellate Court with direction to record finding on merits afresh on questio
1983 SCMR 297 SUPREME-COURT
Supreme Court · 1983
FATIMA TEXTILE MILLS VS SURAYYA BEGUM Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13-eviction-Default in payment of rent-Fifteen days time having to be allowed over and above date fixed in agreement for payment of rent-No default committed for month of March Rent for April not paid 'before 15th April nor paid till 30th April (in their grace period) - Suc
1983 SCMR 297 SUPREME-COURT
Supreme Court · 1983
FATIMA TEXTILE MILLS VS SURAYYA BEGUM Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13-eviction-Default in payment of rent-Fifteen days time having to be allowed over and above date fixed in agreement for payment of rent-No default committed for month of March Rent for April not paid 'before 15th April nor paid till 30th April (in their grace period) - Suc
1983 PLD 21 SUPREME-COURT
Supreme Court · 1983
ABDUR REHMAN VS MIR AHMAD KHAN Sindh Rented Premises Ordinance 1979--27 , S. 13 and Sind Rented Premises Ordinance (XVII of 1979), S. 27(3)-Hotels-eviction proceedings-High Court's interpretation as to Ordinance XVII of 1979 being prospective ' with regard to filing of eviction application regarding a hotel and eviction application having been filed under old Ordinance of 1959 proceedings ba
1983 PLD 21 SUPREME-COURT
Supreme Court · 1983
ABDUR REHMAN VS MIR AHMAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Language of agreement between parties supporting concurrent findings of lower Courts as to agreement being one of tenancy-Other agreement purporting to have been executed subsequently attacked on ground of fraud and forgery and therefore kept out of consideration by petitioner's counsel wh
1983 SCMR 1227 SUPREME-COURT
Supreme Court · 1983
MUHAMMAD SHAFIQUE VS S. M. KHURRAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----- S. 13 (VI) (a) (ii)-Ejectment for re-construction and for use of son of landlord-Plea of re-construction and of personal use not mutually destructive-Failure of landlord's plea of re-construction does not disentitle him to eviction on ground of personal requirement.
1983 SCMR 869 SUPREME-COURT
Supreme Court · 1983
ABDUL JALIL VS JAVID AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(2)-Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2Question whether stay order passed by appellate Court prior to passing of ex parte order of ejectment by Rent Controller on same date -Respondent alleging that stay order was already operative when Rent Controller passed ex parte order of evict
1983 PLD 1 SUPREME-COURT
Supreme Court · 1983
AKHTAR JAHAN BEGUM VS MUHAMMAD AZAM KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)-Tentative rent order-Controller for purpose of passing order under subsection (6) of S. 13 of Ordinance-Not required to determine quantum or rate of rent finally if same in dispute but required to determine such amount "approximately"-Consequence of non- compliance of order under S. 13
1983 PLC 383 LABOUR-APPELLATE-TRIBUNAL-SINDH
Sindh · 1983
MUHAMMAD SHAKIL VS STAR TEXTILE MILLS LTD West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968--S.O. 15 , West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 ---S. O. 15 (4)--Charge-sheet-Service of-Not required by law Misconduct must be brought to notice of accused workman within one month of commission of misconduct -Accused un
1983 PLD 425 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
HABIB-UR-REHMAN VS FAQIR MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Ejectment-Shop-Personal requirement -Landlord in eviction application as well as in evidence suppressing fact that he was also . in occupation of other business premises and not trying to establish that such .other premises not suitable for his needs-Conduct of landlord in not taking Court in co
1983 CLC 3316 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
KAFAYATULLAH VS MUHAMMAD INAYAT West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Tenant admitting that possession of disputed house was delivered to him by landlord-Tenant obtaining water and electric connections in house, but failing to explain in what capacity he was holding possession of property as he could not prove sale of disputed house by landlord
1983 PLD 331 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
KHALIL-UR-REHMAN VS ADDITIONAL DISTRICT JUDGE, LAHORE Constitution of Pakistan 1973--199 , Art. 199-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-eviction proceedings-Constitutional jurisdiction-District Judge in appeal in a rent case not only keeping in view all relevant provisions of statute but also following law laid down by superior Courts Order of District Judge fo
1983 PLD 331 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
KHALIL-UR-REHMAN VS ADDITIONAL DISTRICT JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2) (iii)-eviction proceedings - Conversion of premises Impairing value and utility-In order to determine whether landlord entitled to seek eviction on ground of tenant making additions and alterations in tenanted premises, it is to be seen whether be has committed acts likel
1983 CLC 3033 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
MAHMOODULLAH KHAN VS KANIZ FATIMA SHAIFTA Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , O. XXXIX, rr. I & 2-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 Constitution
1983 CLC 3033 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
MAHMOODULLAH KHAN VS KANIZ FATIMA SHAIFTA Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , O. XXXIX, rr. I & 2-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 Constitution
1983 CLC 3033 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
MAHMOODULLAH KHAN VS KANIZ FATIMA SHAIFTA Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , O. XXXIX, rr. I & 2-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 Constitution
1983 CLC 2824 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
ABDUL LATIF VS ABDUL WAHID West Pakistan Urban Rent Restriction Ordinance 1959--14 , S. 14-Tenant's eviction sought by landlord by filing second application after withdrawal of first application-Tenant placing on record copy of judgment but failing to place on record copy of former application-Held, not possible in circumstances to say that issues involved in both applications same-Applicati
1983 CLC 2787 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
MUHAMMAD SALEEM ALIAS SEEMA VS SARDAR KHAN Code of Civil Procedure 1908--47 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , S. 13(3)(a)(i), 17 & 15 - Civil Procedure Code (V of 1908), S. 47-Ejectment obtained on grounds of personal need of landlord-Execution - Appli
1983 CLC 2787 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
MUHAMMAD SALEEM ALIAS SEEMA VS SARDAR KHAN Code of Civil Procedure 1908--47 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , S. 13(3)(a)(i), 17 & 15 - Civil Procedure Code (V of 1908), S. 47-Ejectment obtained on grounds of personal need of landlord-Execution - Appli
1983 CLC 2787 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
MUHAMMAD SALEEM ALIAS SEEMA VS SARDAR KHAN Code of Civil Procedure 1908--47 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , S. 13(3)(a)(i), 17 & 15 - Civil Procedure Code (V of 1908), S. 47-Ejectment obtained on grounds of personal need of landlord-Execution - Appli
1983 CLC 2538 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
KHURSHID ALAM VS FAZAL KARIM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Non-payment of rent for 4 years admitted by tenant Reasons for non-payment of rent being not wilful nor established by tenant-Default, held, wilful and eviction ordered.
1983 CLC 2498 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
GHULAM YASIN VS MUHAMMAD JAHANGIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S. 13 (2) (fl) (a)-Sub-lessee claiming to become co-sharer of landlord on demise of original owner-eviction of-Sub-lessee (party in ejectment proceedings) in occupation initially through tenant but on demise of original landlord alleging to become co. sharer in property -=Held, mere claim of co-ow
1983 CLC 2473 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
SHER MUHAMMAD VS ALI GOHAR Provisional Constitution Order 1981--9 , Art. 9 (1) - Other adequate remedy - Availing of - Border Allotment Committee ordering petitioners' eviction - Suit against such order already fined by petitioners pending in Civil Court-Held, approach to High Court during pendency of civil suit in competent. forum misconceived and petitioners cannot after resort to adequate
1983 CLC 2414 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
EJAZ ALI VS ADDITIONAL DISTRICT JUDGE Cantonments Rent Restriction Act 1963--17 , S. 17 (2) (iii) & (4) (a)-Enquiry about damage and personal need-Tenant's eviction, without-Landlady seeking eviction of tenant on grounds of damage to premises and personal bona fide need-Default in payment of rent neither alleged nor even stated in course of landlady's evidence or that of her mother-No enquir
1983 CLC 2392 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
SHAHBAZ VS ADDITIONAL DISTRICT JUDGE Provisional Constitution Order 1981--9 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Provisional Constitution Order (1 of 1981). Art. 9-Notice-Substituted service of-Notice of ejectment proceedings not personally served as tenant not found-Rent Controller directing fresh notice to be issued with instruction of affixation of co
1983 CLC 2392 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
SHAHBAZ VS ADDITIONAL DISTRICT JUDGE Provisional Constitution Order 1981--9 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Provisional Constitution Order (1 of 1981). Art. 9-Notice-Substituted service of-Notice of ejectment proceedings not personally served as tenant not found-Rent Controller directing fresh notice to be issued with instruction of affixation of co
1983 PLD 252 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
NIZAM DIN VS ZUBAIDA West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15-eviction proceedings - Second appeal -Tenant failing to deposit rent by due date as ordered by Rent Controller on account of closure of Court on vacation, but depositing same on 10-9-1976 instead of 1-9-1976, date of re-opening of Court-No explanation furnished for such delay and matter being akin to a case
1983 CLC 2304 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
MUHAMMAD ASLAM VS MUHAMMAD YUNUS Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Art. 199 read with West Pakistan Urban Rent Restriction Ordinance (IV of 1959), S. 2 (e)-eviction proceedings-Assertion that 'tenant inducted into disputed shop by landlord not challenged---Mere fact that rent-deed executed between tenant and attorney of landlord, he
1983 CLC 2304 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
MUHAMMAD ASLAM VS MUHAMMAD YUNUS Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Art. 199 read with West Pakistan Urban Rent Restriction Ordinance (IV of 1959), S. 2 (e)-eviction proceedings-Assertion that 'tenant inducted into disputed shop by landlord not challenged---Mere fact that rent-deed executed between tenant and attorney of landlord, he
1983 CLC 2090 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
SIRAJ DIN VS REHMAT BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (3) (ii) (a) - Landlady's step-son - Requirement of shop for-Landlady seeking eviction of tenant from shop on ground inter alia of bona de personal need-Pleadings and evidence on record not inferring bona fide personal requirement of landlady and shop at best proved required for use of step-son -Step-son
1983 CLC 2045 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
NAZIR BEGUM VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2) (vi)-Consequence of absence of evidence on other matters in eviction proceedings on ground of reconstruction Landlord seeking ejectment of tenant on grounds of default in payment of rent, requirement in good - faith for personal use and reconstruction-Held,. in view of landlord's appl
1983 PLD 234 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
SHEHZAD AHMAD VS MUHAMMAD HAYAT Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--1 , O. XXI, rr. 97, 100 & 101-Rules 100 & 101 to be read together-Protection of possession of persons not parties to suit Rationale behind rr. 1C0 & 101 is to protect possession of persons not parties to suit but in possession in their own account or on account of some persons other th
1983 CLC 1987 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
RANA MOTORS LTD. VS RAZI-UD-DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Jeviction proceedings-Wilful default in payment of rent Tenant failing to deposit rent by prescribed time on account of reasons beyond his control and thereafter depositing rent without further loss of time-Default, held, not wilful-eviction order, set aside.
1983 CLC 1418 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
GHULAM ALI VS MUBAMMAD SHAFI Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Constitution of Pakistan (1973), Art. 199-eviction proceedings-No right of appeal and revision against appellate order High Court, held, would only interfere when satisfied that findings suffer from material misreading and either some relevant law flouted or case-
1983 CLC 1418 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
GHULAM ALI VS MUBAMMAD SHAFI Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Constitution of Pakistan (1973), Art. 199-eviction proceedings-No right of appeal and revision against appellate order High Court, held, would only interfere when satisfied that findings suffer from material misreading and either some relevant law flouted or case-
1983 CLC 1224 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
ABDUL AZIZ VS ALI MUHAMMAD Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--4 , Ss. 13 & 4 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction proceedings-Claim of enhanced rent--Enhanced rest according to latest asses
1983 CLC 1224 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
ABDUL AZIZ VS ALI MUHAMMAD Code of Civil Procedure 1908--11 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , -- S. 11 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 14-Plea of res judicata-eviction proceedings S. 11, C. P. C. not applicable when there is special provision about res judicata in S. 14 of Ordinance.
1983 CLC 1224 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
ABDUL AZIZ VS ALI MUHAMMAD Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--4 , Ss. 13 & 4 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction proceedings-Claim of enhanced rent--Enhanced rest according to latest asses
1983 CLC 1224 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
ABDUL AZIZ VS ALI MUHAMMAD Code of Civil Procedure 1908--11 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , -- S. 11 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 14-Plea of res judicata-eviction proceedings S. 11, C. P. C. not applicable when there is special provision about res judicata in S. 14 of Ordinance.
1983 CLC 1026 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
ABDUL GHAFOOR VS FEDERATION OF PAKISTAN Cantonment (Requisitioning of Immovable) Property Ordinance 1948--2 , Cantonment (Requisitioning of Immovable) Property Ordinance 1948--3 , Cantonments Rent Restriction Act 1963--17 , Ss. 2 & 3-Cantonments Rent Restriction Act (XI of 1963), S. 17-De-requisition-Condition imposed on de-requisitioning house ultra vires of S. 3, Cantonment (Requisitioning
1983 CLC 1026 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
ABDUL GHAFOOR VS FEDERATION OF PAKISTAN Cantonment (Requisitioning of Immovable) Property Ordinance 1948--2 , Cantonment (Requisitioning of Immovable) Property Ordinance 1948--3 , Cantonments Rent Restriction Act 1963--17 , Ss. 2 & 3-Cantonments Rent Restriction Act (XI of 1963), S. 17-De-requisition-Condition imposed on de-requisitioning house ultra vires of S. 3, Cantonment (Requisitioning
1983 PLD 27 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
SULTAN MUHAMMAD VS SAEED AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Order of Rent Controller regarding .deposit of arrears of rent and future rent found valid and petitioner failing to comply with such directions-Petitioner's defence, held, rightly struck off-Contention that case being one of statutory tenancy created by S. 30 of Displaced Pers
1983 PLD 27 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
SULTAN MUHAMMAD VS SAEED AHMAD Constitution of Pakistan 1973--199 , Art. 199 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-eviction proceedings-Order of Rent Controller regarding .deposit of arrears of rent and future rent found valid and petitioner failing to comply with such directions-Petitioner's defence, held, rightly struck off-Contention that case being one of
1983 CLC 755 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
IRSHAD AHMAD VS RAZA KAMAL MIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 15(4)"eviction proceedings-Pagri-Oral evidence regarding payment of pagri denied by appellant and disbelieved by Rent Controller-Additional District Judge observing that one of witnesses about alleged payment of pagri being an Advocate should have been believed by Rent Controller-Held, Advocate
1983 CLC 751 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
SHAHID NAEEM VS MUHAMMAD AKRAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Bona fide requirement of landlord Upper storey of premises found burnt in 1947 disturbances and requiring reconstruction for which landlord having sanctioned building plan Landlord, held, has every right to develop and improve premises eviction of tenant ordered, in circumstanc
1983 CLC 748 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
NASIR MALIK VS ADDITIONAL DISTRICT JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2) (i)-Provisional Constitution Order (I of 1981), Art. 9eviction-Default-Tenant tendering rent through nephew of landlord by means of a cheque but not verifying from bank as to whether same was encasihed within time nor depositing amount before due date Tenant, held, committed d
1983 CLC 325 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
PROVINCE OF THE PUNJAB VS FAZAL KARIM, DISTRICT JUDGE, FAISALABAD Martial Law Regulation 1972 No. 118--RGLN. , West Pakistan Urban Rent Restriction Ordinance 1959--13 , - Read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-eviction of tenant-Applicability of Ordinance Provisions of M. L. R. 118, being an exception to general law to be construed strictly-Unjust intent
1983 CLC 325 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
PROVINCE OF THE PUNJAB VS FAZAL KARIM, DISTRICT JUDGE, FAISALABAD Martial Law Regulation 1972 No. 118--RGLN. , West Pakistan Urban Rent Restriction Ordinance 1959--13 , - Read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-eviction of tenant-Applicability of Ordinance Provisions of M. L. R. 118, being an exception to general law to be construed strictly-Unjust intent
1983 CLC 261 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
FAZAL MUHAMMAD VS MUHAMMAD SHAFI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)(a)(ii), proviso - eviction proceedings--Cause of action, immaturity of-Plea of personal need although not available to landlord respondent on day he moved application for eviction of petitioner for reason of stipulated period of tenancy having not by then expired but period of lease having exp
1983 CLC 261 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
FAZAL MUHAMMAD VS MUHAMMAD SHAFI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)(a)(ii), proviso - eviction proceedings--Cause of action, immaturity of-Plea of personal need although not available to landlord respondent on day he moved application for eviction of petitioner for reason of stipulated period of tenancy having not by then expired but period of lease having exp
1983 CLC 70 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
MEHRAJ DIN VS LAHORE IMPROVEMENT TRUST Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13 read with Constitution of Pakistan (1973), Art. 199-Ejectment, challenge to-Writ jurisdiction-Contention that property in dispute occupied by petitioner fell within a Scheme and ceased to be evacuee property on its being acquired by Improvement Trust/
1983 CLC 70 LAHORE-HIGH-COURT-LAHORE
Punjab · 1983
MEHRAJ DIN VS LAHORE IMPROVEMENT TRUST Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13 read with Constitution of Pakistan (1973), Art. 199-Ejectment, challenge to-Writ jurisdiction-Contention that property in dispute occupied by petitioner fell within a Scheme and ceased to be evacuee property on its being acquired by Improvement Trust/
1983 PLD 445 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUZAFFAR ALI VS TAUQIR ALAM ASHHAR Sindh Rented Premises Ordinance 1979--21 , S. 14-Landlord above 60 years-eviction of tenant-Landlord stating before Rent Controller that he retired in 1970 and is 681 years of age-Statement not challenged in cross-examination-Copy of national identity card and passport proving age filed before Rent Controller but not allowed to be produced-Genuineness of do
1983 PLD 445 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUZAFFAR ALI VS TAUQIR ALAM ASHHAR Sindh Rented Premises Ordinance 1979--14 , S. 14-Landlord above 60 years-eviction of tenant-Landlord stating before Rent Controller that he retired in 1970 and is 681 years of age-Statement not challenged in cross-examination-Copy of national identity card and passport proving age filed before Rent Controller but not allowed to be produced-Genuineness of do
1983 CLC 3220 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
AURANGZEB DAR VS S. M. ALAM Sindh Rented Premises Ordinance 1979--14 , S. 14-Salaried employee filing application for eviction of tenant for personal use when he was due to retire within next six months but Rent Controller rejecting application on wrong assumption that landlord had already retired when in fact notification of retirement not yet issued-Finding of Rent Controller regarding dat
1983 PLD 425 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD WALI KHAN VS DR. JAWAD ALI KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (6)-Striking off of defence-Quantum of rent-Rent Controller for purposes of passing tentative order, held, not required to determine question of quantum or rate of rent but to determine such amount approximately -Consequence of non-compliance of such determination is summary disposal of c
1983 CLC 3097 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD UMAR VS QAISAR JAHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-No documentary evidence produced by tenant before Rent Controller about payment and refund of advance, about authority given to tenant to get colour painting done and for adjustment of cost of colour painting from rent Burden of proof lies on tenant who failed to discharge same-
1983 CLC 3093 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
NAZIR AHMAD VS SALABUDDIN AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Evidence produced by landlord before Rent Controller in respect of personal and bona fade requirement remained unchallenged by tenant-Tenant neither by cross-examination nor by own statement denying that premises required by landlord bona fide and in good faith for personal us
1983 CLC 3081 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUSHTAQ AHMAD MALLICK VS SHAFARAT HUSSAIN Sindh Rented Premises Ordinance 1979--13 , S. 13-eviction proceedings-Tenant paying advance of Rs. 1,830 as rent and this fact admitted by landlord-Rent Accounts filed by tenant before Rent Controller showing rent for months of September to January not paid but for period prior to that he tendered amount-Even adjustment of rent to amount already adva
1983 CLC 3051 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
LALJI VS MOHAMMAD IBRAHIM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Striking of defence-Rent Controller passing tentative rent order directing tenant to deposit arrears of rent and future monthly rent-Tenant failing to comply with and consequently his defence struck off-Contention of tenant that according to tenancy agreement dated 9th April, 1974 h
1983 CLC 3009 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SIKANDAR KHAN VS ABDUL QADIR Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of !958), S. 30-eviction proceedings-Transferee of house having been issued P.T.O. and P.T.D. serving notice on occupant of house under S. 30, Displaced Persons (Compensa
1983 CLC 3009 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SIKANDAR KHAN VS ABDUL QADIR Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of !958), S. 30-eviction proceedings-Transferee of house having been issued P.T.O. and P.T.D. serving notice on occupant of house under S. 30, Displaced Persons (Compensa
1983 PLD 414 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SABIR HASAN VS MUNIR MALIK West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 13 & 2(a)-eviction proceedings-Ejectment application-Landlord carving out two shops from portion of his house facing main road and letting out as shops-Part of building also a building and as such shops in question also became buildings within definition of S. 2(a)-Premises let out for purpose of business
1983 PLD 414 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SABIR HASAN VS MUNIR MALIK West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 2(a)-eviction proceedings-Ejectment application-Landlord carving out two shops from portion of his house facing main road and letting out as shops-Part of building also a building and as such shops in question also became buildings within definition of S. 2(a)-Premises let out for purpose of busines
1983 CLC 2886 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUZAFFAR MALIK VS SHAMIM AHMAD Sindh Rented Premises Ordinance 1979--15 , S. 15-eviction proceedings-Personal requirement-Evidence of landlord-No hard and fast rule can be laid down-So far quality or quantity of evidence to be produced by landlord in support of his claim for requirement of premises for personal use is concerned Question depends on facts and circumstances of each case.
1983 CLC 2875 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD USMAN VS MUHAMMAD USMAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 - eviction proceedings - No issue suggested by landlord as to whether tenant violated terms of tenancy - Alleged unauthorized construction made by tenant made outside disputed premises found temporary in nature- not impairing utility of premises -Tenant on notice served by landlord removing const
1983 CLC 2865 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ABDUL REHMAN VS NOOR MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)-eviction proceedings-Striking off of defence- Rent Controller, on basis of admission made by tenant in his objections, passing order for deposit of rent but tenant on assertion of non-existence of relationship of landlord and tenant refusing to deposit rent-Rent Controller thereby striking off de
1983 CLC 2857 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SAFDAR HUSSAIN QURESHI VS GHULAM MUHAMMAD Sindh Rented Premises Ordinance 1979--15 , S.45-eviction proceedings-Default-Conclusion arrived at by Courts below that tenant committed default in payment of rent found supported by evidence brought on record-eviction of tenant on basis of default, held, rightly recorded in circumstances.
1983 CLC 2730 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SAMIUDDIN KHAN VS JAMILA Sindh Rented Premises Ordinance 1979--15 , S. 15-eviction proceedings-Absence of petitioner on fixed dates:-Explanation of petitioner that he was condemned unheard as he was not given opportunity to lead evidence before Rent Controller as on 10th August when case was adjourned to 30th August, 1980, for evidence, counsel of appellant wrongly 'noted date as 30th Octobe
1983 CLC 2703 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MANZOOR ALI KHAN VS HASHAM RAZA Sindh Rented Premises Ordinance 1979--15 , S. 15 (4)-eviction proceedings - Rent Controller failing to consider medical evidence produced by landlord in support of illness of his old mother advised by her doctor not to go upstairs of premises-No evidence to contrary produced-Approach of Rent . Controller and first appellate Court in this behalf found fallaciou
1983 CLC 2700 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
KHURSHID KHANUM SHUJAT ALI VS MALIKA West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(i) - Rent payable in advance--Default of - Tenancy agreement providing rent of premises payable in advance on first of every month-Tenant at commencement of tenancy paying to landlady `deposit' not adjustable towards rent but returnable after handing over possession of premises to landlady
1983 CLC 2689 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ISHRAT-UN-NISA VS SAEEDA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2) (ii) (a) - Subletting-eviction-Respondents-landlord accepting -appellant (issueless widow of original tenant) as tenant of shop after death of husband but later seeking eviction of appellant on ground of sub-letting of shop to real younger brother of appellant's husband-Courts below completely
1983 CLC 2657 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD SHAFI VS MUHAMMAD ADAM KHAN Sindh Rented Premises Ordinance 1979--15 , S. 15--eviction proceedings-Landlord's choice to personal use-Although landlord having other premises for his personal use in a locality, yet be has a prerogative to choose particular premises if these are suitable for his purpose.
1983 CLC 2647 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MADAT ALI LALANI VS SAKINA West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Trial Court failing to verify contention of tenant with regard to deposit of rent and question of bona fide requirement of premises by landlord not correctly decided Case remanded back to trial Court with special directions for fresh decision by giving opportunity to parties to lea
1983 CLC 2621 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD IBRAHIM VS MUHAMMAD ASLAM West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15-Second appeal-eviction proceedings.-Rent Controller failing to give due weight to non-production of counterfoils of rent receipts issued by landlord to substantiate his statement that tenant paid rent-Rent Controller also not discussing evidence of tenant as well as his witnesses that landlord
1983 CLC 2617 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
IQBAL BEGUM VS MUKHTAR AHMED KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings - Tenant admittedly not making payment of rent to landlord and receipt produced denied by landlord and signatures thereon found forged one -- eviction ordered, in circumstances.
1983 PLD 373 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
PAN ISLAMIC STEAMSHIP CO.LTD. VS S. M. NAQI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings -Default-Report of Nazir showing tenants failing to deposit rent of disputed premises in accordance with tentative order of Rent Control ler-Explanatio0 of tenant that he sent rent to their counsel for depositing in Court not finding support from counsel's statemen
1983 CLC 2379 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SHAHNAWAZ THALLO VS MUHAMMAD SALEEM Sindh Rented Premises Ordinance 1979--15 , -- S. 15--eviction proceedings-Bona fide personal use-Landlord a retired P. A. F. man having no other accommodation with a large family consisting of nine grown up children including three daughters with four sons serving in P. A. F. being bachelors not entitled to P. A. F. accommodation and one son married-Landlo
1983 CLC 2368 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
AZIZ HUSSAIN VS AFIFA KHATOON West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings - Default in payment of rent -Tenant in spite of statutory directions by Rent Controller failing to deposit future rent and explanation for default not found based on correct analysis of situation-Tenant, held, defaulter-eviction, upheld, in circumstances.
1983 CLC 2359 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
FAZIL KBAN VS MUHAMMAD IDREES West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings- Default-Receipts of payment of rent appearing to have been issued simultaneously with payment of rent and sending of tyro months rent by money order found merely an attempt to create defence to neutralize plea of default Findings of Courts below found erroneous, based on mis-ap
1983 CLC 2332 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MANSOOR AHMED GAYA VS REHMATULLAH Sindh Rented Premises Ordinance 1979--21 , S. 21-eviction proceedings-Landlord's assertion for personal use or that of his children-Held, to prove same, it is not necessary for him to examine children specially when such assertion not shaken in cross-examination-Choice with landlord to select and choose any accommodation in his property to suit his requireme
1983 CLC 2300 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD AZAM VS AISHA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15 (4)-eviction proceedings on grounds of personal use-Landlord's family consisting of 14 members out of whom three sons married and one going to be married and accommodation available consisting of only 4 rooms-Rent Controller, while passi
1983 CLC 2300 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD AZAM VS AISHA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15 (4)-eviction proceedings on grounds of personal use-Landlord's family consisting of 14 members out of whom three sons married and one going to be married and accommodation available consisting of only 4 rooms-Rent Controller, while passi
1983 CLC 2274 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
RIAZUL HASSAN SHAH VS ZAMIRUL HAQ Sindh Rented Premises Ordinance 1979--14 , S. 14-eviction proceedings-Landlord after retirement found living with his relations where already 11 members of family living-Service of notice on tenant found duly served and all legal formalities in this behalf found in order-eviction of tenant, upheld in circumstances.
1983 CLC 2222 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SHER MUHAMMAD KHAN VS ALI JAN KHAN Sindh Rented Premises Ordinance 1979--15 , S. 15-eviction proceedings - Landlord seeking ejectment of a business premises, held, not required to disclose nature of business he wanted to run-Satisfaction of Rent Controller, as to bona fide requirement of landlord is sufficient to order ejectment.
1983 CLC 2211 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
A. S. K. SAMAD VS A. HUSSAIN Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--16 , S. 16(2) & ?- Landlord, definition of - eviction proceedings Tenant renting premises from respondent No. 2 (wife of respondent No. 1)-Premises actually belonging to respondent No. 1-Tenant regularly paying rent to respondent No. 2 and on refusal to accept rent by respondent No.
1983 CLC 2211 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
A. S. K. SAMAD VS A. HUSSAIN Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--16 , S. 16(2) & ?- Landlord, definition of - eviction proceedings Tenant renting premises from respondent No. 2 (wife of respondent No. 1)-Premises actually belonging to respondent No. 1-Tenant regularly paying rent to respondent No. 2 and on refusal to accept rent by respondent No.
1983 CLC 2189 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
AFTAB SYED VS SURAYA SARWAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)-eviction proceedings-Tenant found habitual defaulter in payment of rent and excuses furnished not found favouring his case-High Court not interfered with exercise of discretion by Controller whose order upheld in first appeal-eviction ordered, in circumstances.
1983 CLC 2068 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUSHARRAF RAZA VS ALAY RAZA Sindh Rented Premises Ordinance 1979--16 , S. 16(2)- eviction proceedings- Default in payment of rent Parties admitting that a sum of Rs. 2,000 already lying deposited in court by tenant as rent for period in dispute and as per Nazir's report same being over and above of Rs. 11,310 separately deposited as rent-Directions is sued in this behalf by .appellate Court
1983 CLC 2063 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUSTAFA BEG VS KHATOON HADI Sindh Rented Premises Ordinance 1979--15 , S. 15--eviction proceedings-Appellant admitting to be tenant and his plea of making alterations in said premises with prior permission of landlord not found correct-eviction of appellant ordered.
1983 CLC 2061 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ASSADULLAH KHAN VS ABDUL KARIM Evidence Act 1872--73 , Sindh Rented Premises Ordinance 1979--15 , S. 15 and Evidence Act (I of 1872), S. 73-eviction proceedings---Original agreement to sell property in dispute purported to have been arrived at between parties not produced and contention of tenant regarding robbing of documents found suspicious-High Court examining document under S. 73, Evide
1983 CLC 2061 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ASSADULLAH KHAN VS ABDUL KARIM Evidence Act 1872--73 , Sindh Rented Premises Ordinance 1979--15 , S. 15 and Evidence Act (I of 1872), S. 73-eviction proceedings---Original agreement to sell property in dispute purported to have been arrived at between parties not produced and contention of tenant regarding robbing of documents found suspicious-High Court examining document under S. 73, Evide
1983 CLC 1990 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
BURMA OILS MILLS LTD. VS AMIR ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15-Mode of payment of rent--Parties cannot contract themselves out of provisions of S. 13 (2) (i) of Ordinance by establishing a different practice with regard to mode of payment of rent-Landlord by accepting periodical payments and re
1983 CLC 1990 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
BURMA OILS MILLS LTD. VS AMIR ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15-Mode of payment of rent--Parties cannot contract themselves out of provisions of S. 13 (2) (i) of Ordinance by establishing a different practice with regard to mode of payment of rent-Landlord by accepting periodical payments and re
1983 CLC 1770 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ABDUL GHAFFAR VS AISHA BAI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Bona fide personal requirement-Factum that landlord demanded more rent than agreed upon, held, relevant factor in ascertaining his bona fade, but it cannot be considered conclusive factor for holding that he failed to prove his personal bona fide requirement and in case Court is sa
1983 CLC 1653 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ISBAQ VS WALI MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Landlord having four sons and two daughters all grown up and his elder son getting married and accommodation available not sufficient to cater his needs -Landlord having other accommodation in vicinity but being his privilege to select premises of his choice suited to his needs, evicti
1983 CLC 1623 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SADIQ VS INTEKHAB HYDER ABEDI Evidence Act 1872--58 , Sindh Rented Premises Ordinance 1979--21 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Art. 199--Petitioner neither owner nor lessee of land occupied by him and same neither vesting in Society of which respondents members and steps of eviction could be taken by Society in accordance with law-Police, held, had no authority in
1983 CLC 1623 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SADIQ VS INTEKHAB HYDER ABEDI Evidence Act 1872--58 , Sindh Rented Premises Ordinance 1979--21 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Art. 199--Petitioner neither owner nor lessee of land occupied by him and same neither vesting in Society of which respondents members and steps of eviction could be taken by Society in accordance with law-Police, held, had no authority in
1983 CLC 1623 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SADIQ VS INTEKHAB HYDER ABEDI Evidence Act 1872--58 , Sindh Rented Premises Ordinance 1979--21 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Art. 199--Petitioner neither owner nor lessee of land occupied by him and same neither vesting in Society of which respondents members and steps of eviction could be taken by Society in accordance with law-Police, held, had no authority in
1983 CLC 1621 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD HUSSAIN VS MUHAMMAD AMIN Constitution of Pakistan 1973--199 , Art. 199--Petitioner neither owner nor lessee of land occupied by him and same neither vesting in Society of which respondents members and steps of eviction could be taken by Society in accordance with law-Police, held, had no authority in law to evict petitioner or any other occupant and Society concerned has only right
1983 CLC 1592 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ZOHRA BEGUM VS PAKISTAN BURMAH SHELL LTD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--6 , S. 15 (1) read. with S. 6 -Although cl. (i) in S. 15 'is only ground for ejectment of tenant after tenancy has ceased to be valid, yet same does not govern rest of clauses being independent grounds on which Rent Controller can make order of eviction.
1983 CLC 1517 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
EMKAYS (1965) LTD. VS SAEEDA KHANUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15-eviction proceedings-Default in payment of rents-Evidence on record and concurrent findings of Courts below showing no practice of lump sum payment of rent by tenant-Rent payable by 15th of each month as per agreement between part
1983 CLC 1517 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
EMKAYS (1965) LTD. VS SAEEDA KHANUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15-eviction proceedings-Default in payment of rents-Evidence on record and concurrent findings of Courts below showing no practice of lump sum payment of rent by tenant-Rent payable by 15th of each month as per agreement between part
1983 CLC 1458 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
RASHIDA BEGUM VS MUHAMMAD MOBIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings--Rent Controller finding tenant not paying rent in advance as provided in agreement between parties, ordering eviction on ground of default-First Appellate Court not agreeing 'with finding of Rent Controller holding that lease agreement executed between parties being inadmissi
1983 CLC 1451 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ABDUL QADIR VS PARVEEN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13- eviction proceedings - Premises, reconstruction of Notice issued on landladies by Municipal Corporation declaring premises as in dilapidated condition and dangerous calling upon them to demolish or otherwise same would be demolished at their risk and cost supporting evidence on record-Evidence on record s
1983 CLC 1446 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ALLY JANG SHAH KHAN VS ANWARY BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Landlord's bona fade personal requirement-Mere fact that notice of eviction issued to tenant not mentioning personal requirement of landlord, held, does not adversely affect bona fide requirement if from evidence, Court satisfied that case of personal requirement made out.
1983 CLC 1415 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ISLAMUL HAQ VS JAMIL AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--15 , -- S. 15-eviction proceedings-Striking off defence-Rent Controller; by tentative order directing tenant to deposit all rent due to landlord in -two equal instalments alongwith future rent by 15th of each calendar month till disposal of case-Tenant failing abide by directions and positing first instalment aft
1983 CLC 1409 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
IBRAHIM VS KHATIJA West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Landlords found in possession of five flats each flat having two rooms and accommodation found sufficient for their personal use-Landlord making misstatement by stating that they each were in occupation of single room reflecting on bona fide requirement-Concurrent finding of Courts below o
1983 CLC 1343 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
RIAZ KHAN VS SODAGAR KHAN Sindh Rented Premises Ordinance 1979--15 , S. 15-eviction proceedings-Landlord owning six houses including one in question and one lying vacant for his son-Landlord admitting to have sold house occupied by his son for whom premises in question required to be vacated and this sale took place prior to filing of application for eviction-Fact also admitted that one hous
1983 CLC 1330 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
AMIR ALI VS AMANULLAH West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Additions and alterations in premises-Premises in occupation of tenant for last 40 years and evidence f showing additions and alterations made by way of repairs - Landlord admitting that by making additions and alterations value of premises increased and utility of building not adversel
1983 CLC 1304 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ABDUL RASHID VS MUHAMMAD ZAKARIA KHAN Sindh Rented Premises Ordinance 1979--14 , S. 14-eviction-Respondent landlord, salaried employee serving notice on tenant under S. 14 after enforcement of Ordinance and filing ejectment application after retirement-Respondent landlord letting out another shop to a person much prior to coming into force of Sind Ordinance XVII of 1979-Ordinance having no r
1983 CLC 1274 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
GHAYOOR ALAIN VS MUHAMMAD JAMIL Sindh Rented Premises Ordinance 1979--10 , S. 10-eviction proceedings-Relationship of landlord and tenant Once rent of a particular premises paid to other party, existence of relationship of landlord and tenant established.
1983 CLC 1274 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
GHAYOOR ALAIN VS MUHAMMAD JAMIL Sindh Rented Premises Ordinance 1979--14 , S. 14-eviction proceedings-Service of two months' notice for vacation of premises served on 21st May, 1980 whereas application presented before Rent Controller on 28th July, 1980 and at decision regarding vacation of premises given on 28th February, 1981-Held, substantial compliance of provisions of S. 14 regarding se
1983 CLC 1269 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
H. N. A. FURNISHERS VS MUHAMMAD ISHAQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Second appeal-Concurrent finding of fact reached by appellate Court neither found contrary to evidence nor perverse or fallacious justifying interference by High Court in second appeal.
1983 CLC 1221 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
BASBIRAN VS SHAHZADI BEGUM Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , Limitation Act 1908--5 , Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--21 , Ss. 19 & 21-Civil Procedure Code (V of 1908), O. IX, rule 13 and Limitation Act (IX of 1908), S. 5-Appeal time-barred-Application for setting aside ex p
1983 CLC 1221 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
BASBIRAN VS SHAHZADI BEGUM Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , Limitation Act 1908--5 , Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--21 , Ss. 19 & 21-Civil Procedure Code (V of 1908), O. IX, rule 13 and Limitation Act (IX of 1908), S. 5-Appeal time-barred-Application for setting aside ex p
1983 CLC 1221 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
BASBIRAN VS SHAHZADI BEGUM Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , Limitation Act 1908--5 , Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--21 , Ss. 19 & 21-Civil Procedure Code (V of 1908), O. IX, rule 13 and Limitation Act (IX of 1908), S. 5-Appeal time-barred-Application for setting aside ex p
1983 CLC 1221 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
BASBIRAN VS SHAHZADI BEGUM Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , Limitation Act 1908--5 , Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--21 , Ss. 19 & 21-Civil Procedure Code (V of 1908), O. IX, rule 13 and Limitation Act (IX of 1908), S. 5-Appeal time-barred-Application for setting aside ex p
1983 CLC 1192 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SALEEM SONS LIMITED VS K. M. ABMAD Sindh Rented Premises Ordinance 1979--15-A , S. 15-A-eviction proceedings--Fact that landlord asked for enhancement of rent at one occasion, held, does not go to prove that he wanted .premises vacated for letting out same at enhanced rate.
1983 CLC 1192 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SALEEM SONS LIMITED VS K. M. ABMAD Sindh Rented Premises Ordinance 1979--15 , S. 15(2)-eviction proceedings-Rent Controller recording reasons that premises in question required by landlord for bona fide personal use and plea of tenant that eviction proceedings started on his refusal to enhance rent not found based on correct situation of case-Order of ejectment, upheld, in circumstances.
1983 CLC 1101 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD YOUSIF VS MUHAMMAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15 Appeal-Bona fide personal requirement-Order of eviction passed mainly on ground that family of landlord consisting of a large number of persons residing in a house of two rooms and that disputed house required bona fide for his own use and occupation-No illegality found in placing reliance
1983 CLC 1058 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ABDUL SALAAM VS MUHAMMAD RASHEED West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Rent Controller and First Appellate Court failing either to record evidence in respect of preliminary issue or taking into consideration exact date on which appellant came into possession of disputed premises and there being nothing on record to establish relationship of land
1983 CLC 1053 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
HASSAN VS ALI AHMAD Sindh Rented Premises Ordinance 1979--15 , S. 15-eviction proceedings- Default in payment of rent Tenant found failing to deposit rent in accordance with tentative rent order passed by Rent Controller- Medical Certificate produced in support of explanation for non-compliance not showing him bedridden for all period preventing him to deposit rent in time-Tenant not proving
1983 CLC 985 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD SHAFI VS BAMBINO LTD Sindh Rented Premises Ordinance 1979--19 , -- S. 19 (2) -- eviction proceedings-Ex parte order-Contention that landlord fraudulently pursued rent cases filed against previous tenant in respect of property occupied by appellants (present tenant) paying rent regularly, landlord obtained ex parte order against previous tenant and execution of writ of possession aga
1983 CLC 970 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ABDUL HAMEED VS MUHAMMAD ISLAM West Pakistan Urban Rent Restriction Ordinance 1959--15 , -- S. 15-eviction proceedings-Dismissal of appeal-Appeal can straightaway be dismissed where there are concurrent findings of lower Courts about existence of relationship of parties and tenant himself accepts -to be a tenant of landlord.
1983 CLC 970 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
VS Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S. 13 -Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of- 1958), S. 30-eviction proceedings-Default in payment of rent-Landlord on becoming owner of disputed premises fulfilling legal requirement of serving notice on tenant within 30 days appris
1983 CLC 970 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ABDUL HAMEED VS MUHAMMAD ISLAM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S. 13 -Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of- 1958), S. 30-eviction proceedings-Default in payment of rent-Landlord on becoming owner of disputed premises fulfilling legal requirement of serving notice on
1983 CLC 925 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ABDUL NAEEM VS GHULAM MOINUDDIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(i)-eviction-Tenancy agreement for a period of eleven months-Terms could not be pressed into service thereafter.
1983 CLC 845 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD SIDDIQ A. MEMON VS PAKISTAN MILK FOOD MANUFACTURERS LTD. West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 13(2) (l), Explanation (a) 8i ' S. 15 -- Default in payment of rent-Water and electricity charges payable ' by tenant deemed to be rent but these were not paid alongwith monthly rent-Tenant contending that they being a limited company could only make payment thereof
1983 CLC 792 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ILAM KHAN VS GOVERNMENT OF PAKISTAN Sindh Rented Premises Ordinance 1979--15 , ---S. 15-Landlord and tenant-Existence of relationship-Recording of evidence on question of default-eviction of tenant straightaway *without recording evidence on question of default on basis of denial of existence of relationship of landlord and tenant but same found to exist-eviction straightaway cannot be made
1983 CLC 781 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD UMAR VS ZAFARULLAH West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Rent Controller on assumption that rent for defaulted months of October, 1974 to January, 1975, remitted by tenant through money order after expiry of 60 days ordering his eviction-First Appellate Court reversing order of Rent Controller observing that Rent Controller should have
1983 PLD 211 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
NAJJAN VS ASUDI BAI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Landlord and tenant-Relationship Proceedings resulting in passing of impugned order showing appellants representing as a party and defending ejectment application filed by respondent-Photo copy of objections submitted by appellants also produced by respondent to establish relationship of
1983 CLC 762 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
BEGUM ALI AL-HASHMI VS AMATUL SHAKOOR Sindh Rented Premises Ordinance 1979--15 , S. 15--eviction proceedings-Respondent moving application before Rent Controller for joining as legal representative of deceased landlord who died on 20-10-1978 when evidence on preliminary issue already closed by Rent Controller and case fixed for order Rent Controller without deciding application of responde
1983 CLC 476 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ALI MUHAMMAD VS MUHAMMAD FAROOQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2) (i)-Landlord succeeding in getting orders of eviction of tenant under an agreement executed for 11 months but failed to file execution application thus allowing tenant to continue on same rent No fresh agreement executed-Tenant continued to be tenant on old terms and conditions-Held : Old re
1983 CLC 468 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ISRAR ALAM VS S. M. HUSSAIN Sindh Rented Premises Ordinance 1979--14 , S. 14-eviction proceedings-Relief has to be granted in accordance with circumstances as come to prevail on date of passing of order and not on date of institution of a case.
1983 CLC 377 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD MANAAR VS SAMMARY MILITARY COURT Martial Law Order 1977 No. 20--ORDER , No. 20-eviction proceedings-Summary Military Court before passing eviction order neither recording evidence nor issuing notices to petitioners to defend their case-No reasons for eviction recorded in order Proceedings not in conformity with principles of natural justice-Case remanded by High Court to Rent Cont
1983 CLC 376 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ANWAR MUHAMMAD VS INAMUR RAHIM KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Landlord's bona fide requirement established and Rent Controller's order neither found perverse nor contrary to evidence on record-eviction of tenant, held, ordered in circumstances.
1983 PLD 196 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
VIQAR AHME VS MUHAMMAD ASHRAF West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2)(i)-eviction proceedings-Default in payment of rent Practice prevailing between. parties, landlord had been collecting rent in lump sum after 3 or 4 months and as such for failure of landlord to collect rent, appellant cannot be blamed for default in payment of rent-Appellant, held, can neither
1983 CLC 343 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD ARIF VS QANNAT HUSSAIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Landlord's bona fide personal requirement-Record showing tenant grossly failing to file written statement in spite of opportunities available to him - Landlord an old man residing with his infirm ailing son on first floor of premises and medical advice forbidding them to cli
1983 CLC 337 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
SARWAR ABBAS VS HAJRABAI West Pakistan Urban Rent Restriction Ordinance 1959--13-A , ---S.13-A-eviction proceedings-Production of heirship certificate-Held, not contemplated by law-Only intimation to tenant about death of owner and names of persons inheriting property sufficient.
1983 CLC 283 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ABDUR RASHID VS FAZAL BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (6)-Deposit of rent-Tenant's defence struck off for noncompliance of order for deposit of rent-Held, such tenant is entitled to show that such order was invalid and therefore its non-compliance cannot result in his eviction
1983 CLC 6 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
NASEERUDDIN VS KHALID RASHID West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (3) (a)(0-Bona fide personal requirement-Landlord employed and residing with family in a foreign country where no facilities available for his children for higher education-Some children already getting admission in colleges at K (Pakistan) and living with grandfather in small house, not adequate t
1983 PLD 162 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
MUHAMMAD MIRZA VS MUHAMMAD HUSSAIN GANI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 13(2)(iii)-Ground of alterations and additions in tenement without permission-Ejectment on-In deciding ejectment application on ground of alterations and additions without permission, both Rent Controller and Additional District Judg
1983 PLD 130 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
HAIDER KHAN VS SYED MUHAMMAD NASEER West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Objections about insufficiency or invalidity of notice not raised below, held, cannot be raised in appeal.
1983 PLD 618 KARACHI-HIGH-COURT-SINDH
Sindh · 1983
ZAHIDA BEGUM VS NADRI BAKERY & STORES West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Tenant occupying premises since 1948-Landlord alleging that premises has been sublet by tenant to one Panwala and bookseller-No documentary evidence produced about subletting premises-Possibility of leasing out premises in )948 on rent including pan shop and bookseller cannot be ruled out-
1982 SCMR 568 SUPREME-COURT
Supreme Court · 1982
RAJAB ALI SYAL VS AHMADI BEGUM Appeal--TERM , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --------Ss. 13 & 15-eviction-Appeal-Rent Controller though bound under law to strike off defence of petitioner/tenant and order his eviction on non-deposit of rent yet failing to do so despite application to such
1982 SCMR 568 SUPREME-COURT
Supreme Court · 1982
RAJAB ALI SYAL VS AHMADI BEGUM Appeal--TERM , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --------Ss. 13 & 15-eviction-Appeal-Rent Controller though bound under law to strike off defence of petitioner/tenant and order his eviction on non-deposit of rent yet failing to do so despite application to such
1982 SCMR 568 SUPREME-COURT
Supreme Court · 1982
RAJAB ALI SYAL VS AHMADI BEGUM Appeal--TERM , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --------Ss. 13 & 15-eviction-Appeal-Rent Controller though bound under law to strike off defence of petitioner/tenant and order his eviction on non-deposit of rent yet failing to do so despite application to such
1982 SCMR 568 SUPREME-COURT
Supreme Court · 1982
RAJAB ALI SYAL VS AHMADI BEGUM Appeal--TERM , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --------Ss. 13 & 15-eviction-Appeal-Rent Controller though bound under law to strike off defence of petitioner/tenant and order his eviction on non-deposit of rent yet failing to do so despite application to such
1982 SCMR 559 SUPREME-COURT
Supreme Court · 1982
SALAH-UD-DIN VS ZAHEERUDDIN Constitution of Pakistan 1973--185 , Art. 185 (3)-Leave to appeal-Question whether suit maintainable for restraining plaintiff from ejecting him from premises on ground of being not served with statutory notice despite his being in possession of premises and having acquired status of statutory tenant and whether without impleading him as a party order of evictio
1982 SCMR 544 SUPREME-COURT
Supreme Court · 1982
GUL MUHAMMAD VS FATIMA BIBI Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13-eviction-Bona fide requirements-Rent Controller and first appellate Court being conscious of requirement of law and landlord having raised plea of bona fide requirement, technical point as to landlord having not used expression "good faith" or "bona fide" in his pleadings, held,
1982 SCMR 544 SUPREME-COURT
Supreme Court · 1982
GUL MUHAMMAD VS FATIMA BIBI Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13-eviction-Bona fide requirements-Rent Controller and first appellate Court being conscious of requirement of law and landlord having raised plea of bona fide requirement, technical point as to landlord having not used expression "good faith" or "bona fide" in his pleadings, held,
1982 SCMR 541 SUPREME-COURT
Supreme Court · 1982
WAHID BUX SOOMRO VS GHULAM MUHAMMAD BALUCH Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--21 , --- Art. 185(3) read with Sind Rented Premises Ordinance (XVII of 1979), Ss. 19(2) & 21 (1)-Questions whether application to Rent Controller for setting aside ex parte order competent and whether order of Rent Controller recal
1982 SCMR 541 SUPREME-COURT
Supreme Court · 1982
WAHID BUX SOOMRO VS GHULAM MUHAMMAD BALUCH Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--21 , --- Art. 185(3) read with Sind Rented Premises Ordinance (XVII of 1979), Ss. 19(2) & 21 (1)-Questions whether application to Rent Controller for setting aside ex parte order competent and whether order of Rent Controller recal
1982 SCMR 456 SUPREME-COURT
Supreme Court · 1982
MUZAFFAR SHAH VS ABDUL KHALIQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , -S. 13 (2) (vi)--eviction-Personal requirement-Courts below concurrently finding landlord primarily requiring house in suit for his son so that he could be accommodated therein after his marriage Contention that landlord admitted that in event of house being vacated he would give same to him would be da
1982 SCMR 451 SUPREME-COURT
Supreme Court · 1982
MUSBTAQ ALAM VS NAWAB BEGUM Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-eviction-Default in payment of rent--All Courts below concurrently finding failure on part of petitioner to pay rent to land lady-Ground of default in payment of rent-Essentially a question of fact-Supreme Court cannot reopen case in circumstances and interfere with such concurre
1982 SCMR 451 SUPREME-COURT
Supreme Court · 1982
MUSBTAQ ALAM VS NAWAB BEGUM Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-eviction-Default in payment of rent--All Courts below concurrently finding failure on part of petitioner to pay rent to land lady-Ground of default in payment of rent-Essentially a question of fact-Supreme Court cannot reopen case in circumstances and interfere with such concurre
1982 SCMR 443 SUPREME-COURT
Supreme Court · 1982
NIAMAT ALI VS DEWAN JIRAM DAS Civil Procedure Code --Order XL of C.P.C. Appointment of Receivers--1 , ---S. 13-eviction-Plea of petitioner as to rent receipts being sufficient to prove practice of paying rent in lump sum or respondents having agreed to waive condition of monthly payment in their favour carefully examined by High Court and rejected on basis of evidence and law Petition for
1982 SCMR 442 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD HAMIDUDDIN VS FEROZ AHMED Constitution of Pakistan 1973--185 , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13-eviction-Plea of petitioner as to rent receipts being sufficient to prove practice of paying rent in lump sum or respondents having agreed to waive condition of monthly payment in their favour carefully examined by High Court and reject
1982 SCMR 442 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD HAMIDUDDIN VS FEROZ AHMED Constitution of Pakistan 1973--185 , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13-eviction-Plea of petitioner as to rent receipts being sufficient to prove practice of paying rent in lump sum or respondents having agreed to waive condition of monthly payment in their favour carefully examined by High Court and reject
1982 SCMR 442 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD HAMIDUDDIN VS FEROZ AHMED Constitution of Pakistan 1973--185 , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13-eviction-Plea of petitioner as to rent receipts being sufficient to prove practice of paying rent in lump sum or respondents having agreed to waive condition of monthly payment in their favour carefully examined by High Court and reject
1982 SCMR 358 SUPREME-COURT
Supreme Court · 1982
FAIZYAB KHAN VS AZIZ ALI CHISHTI West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S. 13--Default in payment of rent-Relationship of landlord and tenant-eviction-No objection raised to production of documents when tendered in evidence by landlord-Such documents could be read in evidence subsequently and their admissibility could not be objected to--Documents thus admitted concl
1982 PLD 396 SUPREME-COURT
Supreme Court · 1982
LALEESA BEGUM VS IQBAL AHMAD QURESHI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--PREAMBLE , S. 30 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) and General Clauses Act (X of 1897), S. 6-Protection against eviction-Repeal, effect of-Repeal taking place, situation, but for
1982 PLD 396 SUPREME-COURT
Supreme Court · 1982
LALEESA BEGUM VS IQBAL AHMAD QURESHI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--PREAMBLE , S. 30 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) and General Clauses Act (X of 1897), S. 6-Protection against eviction-Repeal, effect of-Repeal taking place, situation, but for
1982 SCMR 279 SUPREME-COURT
Supreme Court · 1982
UBAIDULLAH VS SHER MOHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----- S. 13-eviction-Default in payment of rent-Tenant appellant afforded sufficient opportunity to produce evidence with regard to alleged payment of rent-Tenant also not denying landlord's assertion qua non-payment of rent nor producing any evidence to show landlord in fact having refused receipt of ren
1982 SCMR 263 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD BASHIR VS MUHAMMAD SHAFI Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , ----Ss. 13 & 14-eviction-Contention that order of Rent Controller being passed under S. 14 of Ordinance VI of 1959 and orders under such section being non-appealable no appeal could be filed against such order-held Applicatio
1982 SCMR 263 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD BASHIR VS MUHAMMAD SHAFI Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , ----Ss. 13 & 14-eviction-Contention that order of Rent Controller being passed under S. 14 of Ordinance VI of 1959 and orders under such section being non-appealable no appeal could be filed against such order-held Applicatio
1982 SCMR 263 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD BASHIR VS MUHAMMAD SHAFI Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , ----Ss. 13 & 14-eviction-Contention that order of Rent Controller being passed under S. 14 of Ordinance VI of 1959 and orders under such section being non-appealable no appeal could be filed against such order-held Applicatio
1982 SCMR 262 SUPREME-COURT
Supreme Court · 1982
HABIB AHMAD VS AHMAD SAEED West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 (2)(iv)-eviction-Causing damage to property-Tenant alleged to have constructed two walls and a roof of corrugated sheets thereby closing rear door of shop and passage to rear doors of other shops-All Courts below concurrently finding contention to be not sustainable on facts brought on record-High
1982 SCMR 260 SUPREME-COURT
Supreme Court · 1982
MESSRS T.V SERVICE STATION VS PARVEEN ANWAR AFIRIDI West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13(3) (a)(i)-eviction - Personal requirement - Respondent's father having died his mother marrying another and his mother and step-father taking up residence in main bungalow-Respondent filing eviction application against tenant (appellants) of annexe to main bungalow on gro
1982 SCMR 256 SUPREME-COURT
Supreme Court · 1982
HADIAT ULLAH VS HABIB ULLAH Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--27 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13(3)(a)(ii) read with Civil Procedure Code (V of 1908), O. XLI, r. 27-eviction proceedings - Production of additional evidence in appellate Court - Appellate Court disallowing additional evidence to be produced on ground
1982 SCMR 256 SUPREME-COURT
Supreme Court · 1982
HADIAT ULLAH VS HABIB ULLAH Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--27 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13(3)(a)(ii) read with Civil Procedure Code (V of 1908), O. XLI, r. 27-eviction proceedings - Production of additional evidence in appellate Court - Appellate Court disallowing additional evidence to be produced on ground
1982 SCMR 249 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD AFZAL VS MAIMUNA SHEIKH West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13--eviction-Case after a protracted litigation fixed for evidence on question of alleged default in payment of rent-No evidence produced by tenants on days fixed, nor any express averment made in written statement denying default in payment of rent, Rent Controller ordering eviction of petiti
1982 PLD 362 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD RAFIQ VS DISTRICT JUDGE LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3) (ii)?Scheduled business?eviction?Bungalow let out by landlord to petitioner, half for occupation for residential purposes and other half for use as hospital?Legal practice also being a scheduled business portion let out for running hospital, held, could be got. vacated for purpose of
1982 SCMR 237 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD ASHRAF VS ABDUL HAMEED Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss. 13 & 13-A - eviction - Petitioner's predecessor-in-interest entering property as tenant when only allottees rights conferred on person inducting him as tenant-Transfer of rights in property claimed by respondent and a
1982 SCMR 237 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD ASHRAF VS ABDUL HAMEED Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss. 13 & 13-A - eviction - Petitioner's predecessor-in-interest entering property as tenant when only allottees rights conferred on person inducting him as tenant-Transfer of rights in property claimed by respondent and a
1982 SCMR 237 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD ASHRAF VS ABDUL HAMEED Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss. 13 & 13-A - eviction - Petitioner's predecessor-in-interest entering property as tenant when only allottees rights conferred on person inducting him as tenant-Transfer of rights in property claimed by respondent and a
1982 SCMR 233 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD MOBIN SIDDIQUI VS SHAHZADI BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --Ss. 13 & 15-eviction of tenant-Appeal-Petitioner stating to be a tenant of respondent but landlord holding him not to be a tenant of respondent-Petitioner admitting to have not filed appeal against such order for reason of order bei
1982 SCMR 233 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD MOBIN SIDDIQUI VS SHAHZADI BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --Ss. 13 & 15-eviction of tenant-Appeal-Petitioner stating to be a tenant of respondent but landlord holding him not to be a tenant of respondent-Petitioner admitting to have not filed appeal against such order for reason of order bei
1982 SCMR 207 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD AFZAL VS ABDUR RAUF West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-eviction-Not an iota of evidence existing to show as to what interest or right petitioner had in disputed shop-Settlement Department on other band transferring shop to respondent landlord Respondent a regular transferee of property holding regular P. T. D. in his favour-Respondent shown to have
1982 SCMR 165 SUPREME-COURT
Supreme Court · 1982
KHUSHI MUHAMMAD VS MUQARRAB ALI Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , - Art. 185(3) read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-eviction-All Courts below concurrently finding appellant to be in default in payment of rent of premises in question-Point being a question of fact not required by Supreme Co
1982 SCMR 165 SUPREME-COURT
Supreme Court · 1982
KHUSHI MUHAMMAD VS MUQARRAB ALI Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , - Art. 185(3) read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-eviction-All Courts below concurrently finding appellant to be in default in payment of rent of premises in question-Point being a question of fact not required by Supreme Co
1982 SCMR 8 SUPREME-COURT
Supreme Court · 1982
FAZAL ELAHI VS MUHAMMAD AYUB West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13(2)(ii)(b)-eviction-Use for other purpose-High Court agreeing with finding of two Courts below holding premises in question having been used for purpose of a hotel from very beginning and such fact having been within knowledge of landlord-Such finding, held, attained finality and stood concluded
1982 SCMR 8 SUPREME-COURT
Supreme Court · 1982
FAZAL ELAHI VS MUHAMMAD AYUB Eviction--TERM , --S. 13(2)(iii)-eviction-Material impairment of value and utility of buildings-Burden of proof-Landlord failing to discharge onus of proof lying upon him to establish allegation of tenant having caused damage to property by using bath rooms and latrines in such a way that water leaked towards lower floors-Evidence of both parties even if kept i
1982 PLD 278 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD FARID KHAN VS MIR ZAMAN KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)(ii)(a)?? eviction ??? Personal requirement ??Landlord requiring shop for khangi zarurat?? .Word "khangi" in context of statement of lambardar patently meant "zati" or "apna" and expression "khangi zarurat" meant "personal use"?? ?Landlord wishing shop to be vacated so that his grandson
1982 PLD 227 SUPREME-COURT
Supreme Court · 1982
DAWOOD VS MUHAMMAD YASIN West Pakistan Urban Rent Restriction Ordinance 1959--3 , S. 13(i)(vi) & 3(a)-eviction - Mutually destructive grounds Grounds of personal requirement and reconstruction-Not mutually destructive-eviction of tenant on both such grounds in same proceedings-Held, not illegal-Relevant provisions of law analysed-[Sheikh Mohammad Yusuf v. Mst. Zohran Bibi P L D 1973 Pesh.
1982 PLD 227 SUPREME-COURT
Supreme Court · 1982
DAWOOD VS MUHAMMAD YASIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(i)(vi) & 3(a)?eviction ? Mutually destructive grounds Grounds of personal requirement and reconstruction?Not mutually destructive?eviction of tenant on both such grounds in same proceedings?Held, not illegal?Relevant provisions of law analysed?[Sheikh Mohammad Yusuf v. Mst. Zohran Bibi P L D 1973 Pesh.
1982 PLD 218 SUPREME-COURT
Supreme Court · 1982
FAZAL AZIM VS TARIQ MAHMOOD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?eviction of tenant?Personal requirement?Landlord seeking eviction on ground of personal requirement ? Cannot be expected to sit idle for periods of time during pendency of eviction proceedings Landlord during such period employing himself in a gainful occupation 'n (such as going abroad for earnings
1982 PLD 212 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD HUSSAIN VS CHAUDHRY UMAR BAKHSH West Pakistan Urban Rent Restriction Ordinance 1959--13-B , S. 13-B-eviction-Notice-Section 13-B deals with question of default in payment of rent and protects tenant against such allegation Prescribed notice if not given by transferee landlord, tenant not deemed to have defaulted in payment of rent for purpose of S. 13(2)(ii)Default arises only whe
1982 PLD 112 SUPREME-COURT
Supreme Court · 1982
SARIAULLAH CHEEMA VS AHIDAR SHAH West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?Ejectment?Extension of time?High' Court postponing eviction of petitioner till a specified date in view of coming Eid?ul?Azha on petitioner's undertaking to voluntarily deliver possession of house to respondent?landlord before such date?Petitioner after having undertaken to surrender possession
1982 PLD 110 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD AZIM VS SIKANDAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?eviction?Imposition of condition for eviction?Tenancy agreement covenanting for providing specified alternative accommodation to tenant in case landlord desires to reconstruct premises in dispute?Held : None of provisions of S. 13 of Ordinance VI of 1959 empowers Rent Controller to make order of
1982 PLD 79 SUPREME-COURT
Supreme Court · 1982
PREMIER MERCANTILE SERVICE VS S.M. YOUNAS Sindh Rented Premises Ordinance 1979--13 , S. 13-eviction-Tenant, registered partnership firm, dissolving firm, constituting a Private Limited Company, and getting it registered under Companies Act without informing or getting permission from landlords-&1d : A distinct legal entity different from firm came into existence and it remained so whether
1982 SCMR 1197 SUPREME-COURT
Supreme Court · 1982
ZAKAUDDIN ALIAS BILLA VS MUHAMMAD ISMAIL Eviction proceedings--TERM , Oaths Act 1873--PREAMBLE , Special Oath--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 (6) read with Oaths Act (X of 1873)-eviction proceedings Special Oath-Tenant offering to pay rent as claimed by landlord and also to be liable to ejectment if landlord took oath on Holy Qur'an regarding rent
1982 SCMR 1197 SUPREME-COURT
Supreme Court · 1982
ZAKAUDDIN ALIAS BILLA VS MUHAMMAD ISMAIL Eviction proceedings--TERM , Oaths Act 1873--PREAMBLE , Special Oath--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 (6) read with Oaths Act (X of 1873)-eviction proceedings Special Oath-Tenant offering to pay rent as claimed by landlord and also to be liable to ejectment if landlord took oath on Holy Qur'an regarding rent
1982 SCMR 1197 SUPREME-COURT
Supreme Court · 1982
ZAKAUDDIN ALIAS BILLA VS MUHAMMAD ISMAIL Eviction proceedings--TERM , Oaths Act 1873--PREAMBLE , Special Oath--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 (6) read with Oaths Act (X of 1873)-eviction proceedings Special Oath-Tenant offering to pay rent as claimed by landlord and also to be liable to ejectment if landlord took oath on Holy Qur'an regarding rent
1982 SCMR 1197 SUPREME-COURT
Supreme Court · 1982
ZAKAUDDIN ALIAS BILLA VS MUHAMMAD ISMAIL Eviction proceedings--TERM , Oaths Act 1873--PREAMBLE , Special Oath--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 (6) read with Oaths Act (X of 1873)-eviction proceedings Special Oath-Tenant offering to pay rent as claimed by landlord and also to be liable to ejectment if landlord took oath on Holy Qur'an regarding rent
1982 SCMR 1175 SUPREME-COURT
Supreme Court · 1982
PAKISTAN SPORTS CO-OPERATIVE INDUSTRIAL SOCIETY LTD. VS MUHAMMAD IQBAL BUTT West Pakistan Urban Rent Restriction Ordinance 1959--13 , -S. 13-eviction proceedings-P. T. O., challenge to-Validity or correctness of Provisional Transfer Order issued by Rehabilitation Authority-Held, cannot be gone into by Rent Controller in eviction proceedings and Rent Controller bound to act and proceed upon
1982 SCMR 1132 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD NASEEM VS AZMAT KHAN Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S . 13 (3)(a)(i)-Ejectment-Personal bona fide use-eviction of tenant can be refused only when landlord found in possession of building suitable for his needs in same urban area as of demised property Section 13 (3) (a) (i)-cannot re extended to cover a building occupied by landlord
1982 SCMR 1132 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD NASEEM VS AZMAT KHAN Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S . 13 (3)(a)(i)-Ejectment-Personal bona fide use-eviction of tenant can be refused only when landlord found in possession of building suitable for his needs in same urban area as of demised property Section 13 (3) (a) (i)-cannot re extended to cover a building occupied by landlord
1982 SCMR 1016 SUPREME-COURT
Supreme Court · 1982
HABIBULLAH KHAN VS SENIOR CIVIL JUDGE, MALAKAND Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(4)-eviction-Requirement for personal use-Rent Controller discussing evidence produced by parties and coming to conclusion of shop being required by respondent landlord for his personal use and such respondent also being owner of shop in question-Petitioner pro
1982 SCMR 1016 SUPREME-COURT
Supreme Court · 1982
HABIBULLAH KHAN VS SENIOR CIVIL JUDGE, MALAKAND Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(4)-eviction-Requirement for personal use-Rent Controller discussing evidence produced by parties and coming to conclusion of shop being required by respondent landlord for his personal use and such respondent also being owner of shop in question-Petitioner pro
1982 SCMR 1010 SUPREME-COURT
Supreme Court · 1982
TAJBAR SHAH VS MUHAMMAD YAQOOB Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13--eviction-Compromise deed produced in Court by respondent and his counsel but petitioner's counsel seriously objecting to such document-High Court holding compromise to be not effective in circumstances and rightly upheld compromise having not been accepted nor any effort made
1982 SCMR 1010 SUPREME-COURT
Supreme Court · 1982
TAJBAR SHAH VS MUHAMMAD YAQOOB Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13--eviction-Compromise deed produced in Court by respondent and his counsel but petitioner's counsel seriously objecting to such document-High Court holding compromise to be not effective in circumstances and rightly upheld compromise having not been accepted nor any effort made
1982 SCMR 894 SUPREME-COURT
Supreme Court · 1982
MANZOOR AHMAD VS MUHAMMAD AMIN Permanent Transfer Rules 1961--RULE , Transfer of Property Act 1882--8 , Vesting of Property--TERM , --S. 30 read with Permanent Transfer Rules, 1961, r. 4 and Transfer of Property Act (VII of 1882), S. 8-Vesting of property-Transferee without giving notice under S. 30 dying and property devolving on his heirs, or transferee alienating property and divesting
1982 SCMR 894 SUPREME-COURT
Supreme Court · 1982
MANZOOR AHMAD VS MUHAMMAD AMIN Permanent Transfer Rules 1961--RULE , Transfer of Property Act 1882--8 , Vesting of Property--TERM , --S. 30 read with Permanent Transfer Rules, 1961, r. 4 and Transfer of Property Act (VII of 1882), S. 8-Vesting of property-Transferee without giving notice under S. 30 dying and property devolving on his heirs, or transferee alienating property and divesting
1982 SCMR 894 SUPREME-COURT
Supreme Court · 1982
MANZOOR AHMAD VS MUHAMMAD AMIN Permanent Transfer Rules 1961--RULE , Transfer of Property Act 1882--8 , Vesting of Property--TERM , --S. 30 read with Permanent Transfer Rules, 1961, r. 4 and Transfer of Property Act (VII of 1882), S. 8-Vesting of property-Transferee without giving notice under S. 30 dying and property devolving on his heirs, or transferee alienating property and divesting
1982 SCMR 834 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD YOUNIS MALIK VS DISTRICT JUDGE, LAHORE Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 read with Constitution of Pakistan (1973), Arts. 199 & 185(3)eviction-Requirement for personal use-Burden of proof-Accommodation becoming available to landlady during pendency of ejectme
1982 SCMR 834 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD YOUNIS MALIK VS DISTRICT JUDGE, LAHORE Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 read with Constitution of Pakistan (1973), Arts. 199 & 185(3)eviction-Requirement for personal use-Burden of proof-Accommodation becoming available to landlady during pendency of ejectme
1982 SCMR 834 SUPREME-COURT
Supreme Court · 1982
MUHAMMAD YOUNIS MALIK VS DISTRICT JUDGE, LAHORE Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 read with Constitution of Pakistan (1973), Arts. 199 & 185(3)eviction-Requirement for personal use-Burden of proof-Accommodation becoming available to landlady during pendency of ejectme
1982 SCMR 692 SUPREME-COURT
Supreme Court · 1982
PROVINCE OF PUNJAB VS CIVIL JUDGE, LAHORE West Pakistan Urban Rent Restriction Ordinance 1959--13 , ------S. 13 - Default in payment of rent - eviction - Government, privilege of-Contended on behalf of Government lessee that according to Departmental practice a bill has to be prepared and presented for passing to Audit office and Audit office insists on a certificate from Excise & Taxation
1982 SCMR 679 SUPREME-COURT
Supreme Court · 1982
JAFFAR ALI VS MUHAMMAD ALI Constitution of Pakistan 1973--185 , --- Art. 185(3)-Leave to appeal-Misconduct - Right of audience, refusal of-Order for maintenance of status quo not passed on date when petitioner by filing false affidavit as to its having been passed secured adjournment of execution proceedings against him--Petitioner not denying falsity of affidavit but pleading illiteracy-T
1982 CLC 2073 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1982
INAYATULLAH VS MUHAMMAD FARYAD Evidence Act 1872--116 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 116 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-eviction-Tenant executing two lease deeds one by one in favour of appellant landlord - Second lease deed executed when P. T. O. of disputed premises already issued in favour of respondent tenant --
1982 CLC 2073 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1982
INAYATULLAH VS MUHAMMAD FARYAD Evidence Act 1872--116 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 116 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-eviction-Tenant executing two lease deeds one by one in favour of appellant landlord - Second lease deed executed when P. T. O. of disputed premises already issued in favour of respondent tenant --
1982 PLD 49 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1982
IBRAHIM VS SALEEMA FIRDAUSE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S--13(3)(a)?eviction?Personal bona fide requirement?Witnesses categorically stating shop being required by landlady, a doctor, for establishing private practice??Evidence as to personal requirement of landlady not rebutted by tenant's evidence?Such evidence of landlady examined with legal position providi
1982 PLD 91 PESHAWAR-HIGH-COURT
KPK · 1982
MUBARIK AHMAD VS MUHAMMAD ILYAS AND 2 OTHERS West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--5-A , ----Ss. 13 & 24 (4), (5)-eviction proceedings-Finality of order Finding of appellate Court, after appraisal of evidence, as to petitioners having made wilful default in payment of rent-Final and not open to question in any Court b
1982 PLD 91 PESHAWAR-HIGH-COURT
KPK · 1982
MUBARIK AHMAD VS MUHAMMAD ILYAS AND 2 OTHERS West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--5-A , ----Ss. 13 & 24 (4), (5)-eviction proceedings-Finality of order Finding of appellate Court, after appraisal of evidence, as to petitioners having made wilful default in payment of rent-Final and not open to question in any Court b
1982 PLD 332 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
FEROZE KHAN VS MERAJ BEGUM Provisional Constitution Order 1981--9 , Art. 9 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Ejectment on ground of default in payment of rent-Tenant denying existence of tenancy-Rent Controller feeling constrained to hold inquiry into issue relating to existence of tenancy and inquiry resulting in finding against petitioner-Plea i
1982 CLC 2357 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
SUGHRAN BEGUM VS ADDL. DISTRICT JUDGE, JHANG West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15-eviction-Appeal-Appreciation of evidence-Contention as to petitioners having not been allowed to produce evidence in rebuttal of certain documents, held, had no force such documents being photo copies not properly exhibited and as such not read in evidence-Question to allow opportun
1982 CLC 2352 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
ALLAH RAKHA VS SADHU MASIH Specific Relief Act 1877--27 , Transfer of Property Act 1882--53-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13, Transfer of Property Act (IV of 1882), S. 53-A and Specific Relief Act (1 of 1877), S.27--Agreement to sell--Alleged agreement written on plain paper-Thumb-impression being blurred could not be deciphered--No separate receipt for a
1982 CLC 2352 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
ALLAH RAKHA VS SADHU MASIH Specific Relief Act 1877--27 , Transfer of Property Act 1882--53-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13, Transfer of Property Act (IV of 1882), S. 53-A and Specific Relief Act (1 of 1877), S.27--Agreement to sell--Alleged agreement written on plain paper-Thumb-impression being blurred could not be deciphered--No separate receipt for a
1982 CLC 2352 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
ALLAH RAKHA VS SADHU MASIH Specific Relief Act 1877--27 , Transfer of Property Act 1882--53-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13, Transfer of Property Act (IV of 1882), S. 53-A and Specific Relief Act (1 of 1877), S.27--Agreement to sell--Alleged agreement written on plain paper-Thumb-impression being blurred could not be deciphered--No separate receipt for a
1982 CLC 2149 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
FARHAT SUHARWARDY VS ABDUL GHANI Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Art. 199 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Writ jurisdiction-eviction- proceedings Petitioner's appeal not disposed off lawfully due to legal questions arising on face of record remaining unresolved despite, determination of ap
1982 CLC 2149 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
FARHAT SUHARWARDY VS ABDUL GHANI Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Art. 199 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Writ jurisdiction-eviction- proceedings Petitioner's appeal not disposed off lawfully due to legal questions arising on face of record remaining unresolved despite, determination of ap
1982 CLC 2134 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
MUHAMMAD MUZAFFAR ALI VS MUHAMMAD ABDUL SALAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Bona fide personal requirement-Landlord's son carrying on business on footpath, his requirement cannot be said to be other than bona fide - eviction of tenant from disputed premises, upheld, in circumstances.
1982 CLC 1856 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
HASHMAT ALI VS ABDUL HAMEED West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Selection of house in which landlord likes to live and also whether premises in his occupation sufficient for his needs-Held, within choice of landlord.
1982 CLC 1774 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
SAFDAR RASHID VS ADDITIONAL DISTRICT JUDGE, GUJRANWALA Constitution of Pakistan 1973--199 , Art. 199-Writ--Scope Application for eviction-Landlady's statement as to property being needed for her personal use bona fide, fully corroborated by independent witnesses-Rent Controller as well as appellate Court accepting statement of landlady-Additional District Judge however giving finding of fa
1982 CLC 1728 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
MUHAMMAD MURTAZA VS REHMAN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , S. 30 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-eviction proceedings-Jurisdiction-Relationship of landlord and tenant created by operation of law under S. 30 of Act-Confined only between transferee of a house or shop and occupant thereof-Unless by interpretation
1982 CLC 1489 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
MUHAMMAD RAMZAN VS ABDUL RAZZAQ Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Statutory period expiring during second appeal-Requirement of personal need though established yet ejectment order set aside on technical ground-
1982 CLC 1489 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
MUHAMMAD RAMZAN VS ABDUL RAZZAQ Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Statutory period expiring during second appeal-Requirement of personal need though established yet ejectment order set aside on technical ground-
1982 CLC 1280 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
NIAZ KHMAD VS MUHAMMAD HUSSAIN Cantonments Rent Restriction Act 1963--13 , Constitution of Pakistan 1973--199 , Art. 199 read with Cantonments Rent Restriction Act (XI of 1963), S. 13-eviction proceedings-Both parties claiming their ownership in respect of disputed room-Courts below not taking into consideration area and building plan of disputed room-Documents having a lot of bearing on q
1982 CLC 1280 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
NIAZ KHMAD VS MUHAMMAD HUSSAIN Cantonments Rent Restriction Act 1963--13 , Constitution of Pakistan 1973--199 , Art. 199 read with Cantonments Rent Restriction Act (XI of 1963), S. 13-eviction proceedings-Both parties claiming their ownership in respect of disputed room-Courts below not taking into consideration area and building plan of disputed room-Documents having a lot of bearing on q
1982 PLD 126 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
TAJ DIN VS MAHMOODA BEGUM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , Ss. 13 & 13-A read with Displaced Persons (Compensation and Rehabilitation) Act (XXVII-I of 1958), S. 30-eviction -Judgment of lower appellate Court lacking proper impact of legal exposition on basic issues-Lower Court not feeling necessit
1982 PLD 126 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
TAJ DIN VS MAHMOODA BEGUM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , Ss. 13 & 13-A read with Displaced Persons (Compensation and Rehabilitation) Act (XXVII-I of 1958), S. 30-eviction -Judgment of lower appellate Court lacking proper impact of legal exposition on basic issues-Lower Court not feeling necessit
1982 CLC 868 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
MUHAMMAD SALIM VS BEGUM MUSARRAT BASHIRUL HASSAN West Pakistan Urban Rent Restriction Ordinance 1959--11 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 11-eviction-Contention that premises in dispute having been given on rent for residential purposes but property being used for commercial purposes same cannot be got vacated-Held, raises a question of fact-Such questio
1982 CLC 868 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
MUHAMMAD SALIM VS BEGUM MUSARRAT BASHIRUL HASSAN West Pakistan Urban Rent Restriction Ordinance 1959--11 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 11-eviction-Contention that premises in dispute having been given on rent for residential purposes but property being used for commercial purposes same cannot be got vacated-Held, raises a question of fact-Such questio
1982 CLC 758 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
MUHAMMAD SIDDIQUE VS MUHAMMAD MUNIR Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , O. XXXIX, r. 2-Temporary injunction, grant of Tenant (petitioner) filing suit for declaration attacking validity of sale in favour of landlord (respondent)-Tenant also asking temporary injunction restraining landlord from evicting him pendente life-In previou
1982 CLC 681 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
LAKHERA VS WARYAM Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Code of Civil Procedure 1908--115 , Martial Law Regulation 1972 No. 115--RGLN. , West Pakistan Land Revenue Act 1967--PREAMBLE , S.115 & O. XXXIX, r. 1 and West Pak1stan Land Revenue Act (XVII of 1967) read with Land Reforms Regulation, 1972 [M. L. R. 115], para. 25-Injunction
1982 CLC 681 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
LAKHERA VS WARYAM Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Code of Civil Procedure 1908--115 , Martial Law Regulation 1972 No. 115--RGLN. , West Pakistan Land Revenue Act 1967--PREAMBLE , S.115 & O. XXXIX, r. 1 and West Pak1stan Land Revenue Act (XVII of 1967) read with Land Reforms Regulation, 1972 [M. L. R. 115], para. 25-Injunction
1982 CLC 681 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
LAKHERA VS WARYAM Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Code of Civil Procedure 1908--115 , Martial Law Regulation 1972 No. 115--RGLN. , West Pakistan Land Revenue Act 1967--PREAMBLE , S.115 & O. XXXIX, r. 1 and West Pak1stan Land Revenue Act (XVII of 1967) read with Land Reforms Regulation, 1972 [M. L. R. 115], para. 25-Injunction
1982 CLC 681 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
LAKHERA VS WARYAM Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Code of Civil Procedure 1908--115 , Martial Law Regulation 1972 No. 115--RGLN. , West Pakistan Land Revenue Act 1967--PREAMBLE , S.115 & O. XXXIX, r. 1 and West Pak1stan Land Revenue Act (XVII of 1967) read with Land Reforms Regulation, 1972 [M. L. R. 115], para. 25-Injunction
1982 CLC 595 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
ABDUL KARIM VS MAZHAR-UL-HAQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Landlord seeking ejectment of tenant on ground of personal need-Landlord, held, cannot be non-suited for being already in possession of premises not owned by him.
1982 CLC 595 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
ABDUL KARIM VS MAZHAR-UL-HAQ Constitution of Pakistan 1973--199 , S. 13-eviction--View taken by District Judge appearing correct, but even if erroneous same, held, cannot be interfered with by High Court in Constitutional jurisdiction---Constitution of Pakistan (1973), Art. 199.-- S. 13-eviction--View taken by District Judge appearing correct, but even if erroneous same, held, cannot be in
1982 CLC 593 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
NIGHAT YAR KHAN VS HAMIDA KHATOON West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Concurrent findings of fact by Courts below High Court, held, never interferes with finding of fact arrived at by lower Courts, howsoever profoundly it may differ from conclusions.
1982 CLC 535 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
AMANULLAH VS CIVIL JUDGE, LAHORE Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--16 , S. 16 read with Constitution of Pakistan (1973), Art. 199-eviction-Interlocutory order-Appeal-Writ-Order of Rent Controller refusing to summon witnesses desired by tenant to be examined in his defence-An interlocutory order, hence, not open to challenge in appeal
1982 CLC 535 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
AMANULLAH VS CIVIL JUDGE, LAHORE Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--16 , S. 16 read with Constitution of Pakistan (1973), Art. 199-eviction-Interlocutory order-Appeal-Writ-Order of Rent Controller refusing to summon witnesses desired by tenant to be examined in his defence-An interlocutory order, hence, not open to challenge in appeal
1982 CLC 262 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
KHUDA BAKHSH VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)(ii)-eviction-Personal need-Landlord himself in occupation of as rented shop wherefrom his eviction already finally ordered Fact, held, sufficient to order eviction of tenant from shop owned by landlord on ground of personal requirement.
1982 CLC 255 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
MUHAMMAD LATIF VS DISTRICT JUDGE, LAHORE Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss. 17~4)(b) & 24-Ejectment proceedings-Respondent landlady dying during pendency of appeal and her son for whose use and occupation she sought eviction becoming on his own one of appellants in appeal--Question whether District Judge competent to take notice of s
1982 CLC 255 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
MUHAMMAD LATIF VS DISTRICT JUDGE, LAHORE Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss. 17~4)(b) & 24-Ejectment proceedings-Respondent landlady dying during pendency of appeal and her son for whose use and occupation she sought eviction becoming on his own one of appellants in appeal--Question whether District Judge competent to take notice of s
1982 CLC 165 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
BASHIR AHMED VS MUHAMMAD NAZIR TAHIR Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction-Contention that Courts below had not appreciated effect of respondent's previous statement that petitioners occupied disputed
1982 CLC 165 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
BASHIR AHMED VS MUHAMMAD NAZIR TAHIR Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction-Contention that Courts below had not appreciated effect of respondent's previous statement that petitioners occupied disputed
1982 CLC 153 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
ABDUL ALI VS ZABEER ALI JAURA West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , Object and scope--Ordinance though primarily meant to restrict eviction of tenant from certain premises yet provides safeguards for certain interests of landlords as well-Landlords assured of being compensated with possession of demised premises if tenant commits breach of liability under S. 13 (6
1982 CLC 87 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
HAMID ALI KHAN VS MUHAMMAD MURSALEEN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(2) & 15-Ejectment on ground of default in payment of rent-Lower Appellate Court, despite holding that default had been committed, setting aside order of eviction passed by Rent Controller Factors weighing with appellate Court in exe
1982 CLC 87 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
HAMID ALI KHAN VS MUHAMMAD MURSALEEN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(2) & 15-Ejectment on ground of default in payment of rent-Lower Appellate Court, despite holding that default had been committed, setting aside order of eviction passed by Rent Controller Factors weighing with appellate Court in exe
1982 PLD 75 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
MUHAMMAD RAMZAN VS MUHAMMAD SAEED West Pakistan Urban Rent Restriction Ordinance 1959--13-A , S. 13-A-eviction-Demand of excessive rent in a notice under S. 13-A of Ordinance, held, does not render notice illegal and would not absolve tenant from paying or tendering rent due.
1982 CLC 28 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
SHABAB DIN VS PUNJAB GOVERNMENT Any--WORDS AND , West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966--5 , S. 5-Words and phrases--Word "any" in S. 5-Held, cannot be equated with term "specific or particular" as Government has to cause eviction of lessee or unauthorised occupants from different categories of land.-[Words and phrases].
1982 CLC 28 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
SHABAB DIN VS PUNJAB GOVERNMENT Any--WORDS AND , West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966--5 , S. 5-Words and phrases--Word "any" in S. 5-Held, cannot be equated with term "specific or particular" as Government has to cause eviction of lessee or unauthorised occupants from different categories of land.-[Words and phrases].
1982 CLC 28 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
SHABAB DIN VS PUNJAB GOVERNMENT West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966--6 , S. 6-eviction-eviction proceedings against petitioner initiated in pursuance of notice under S. 6 -Proceedings, held, cannot be termed as without lawful authority.
1982 PLD 704 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
SALAMAT ALI VS MAQBOOL ILAHI Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--6 , Civil Procedure Code --Order X of C.P.C. Examination of Parties by the Court--4 , O. IX, r. 6 (1) (a) and O. X, r. 4(2) and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)--Applicability of Civil Procedure Code to ejectment proceeding bef
1982 PLD 704 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
SALAMAT ALI VS MAQBOOL ILAHI Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--6 , Civil Procedure Code --Order X of C.P.C. Examination of Parties by the Court--4 , O. IX, r. 6 (1) (a) and O. X, r. 4(2) and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)--Applicability of Civil Procedure Code to ejectment proceeding bef
1982 PLD 704 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
SALAMAT ALI VS MAQBOOL ILAHI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)??Applicability of Civil Procedure Code to ejectment proceeding before Rent Controller?Code of Civil Procedure, 1908?Not applicable to ejectment proceedings before Rent Controller?Provision of O. X; r. 4(2), held, could not be made use of by Rent Controller for ordering eviction of tenant due to
1982 PLD 657 LAHORE-HIGH-COURT-LAHORE
Punjab · 1982
MUHAMMAD SAEED VS ANJUMAN JAMIA HANFIA AL-MINAR MOSQUE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (3)??Library for mosque?Personal requirement?eviction Arranging of religious literature for visitors of mosque?One of functions of mosque?Mosque managed by respondent Anjuman needing disputed premises for setting up a library comprising books on Islam Mosque, held, needs p
1982 PLD 617 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
KARIMULLAH VS KHALILUR REHMAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)?eviction?Father and daughter jointly filing eviction application against tenant on ground of requirement of daughter for her personal use?Contention that at time evidence given by father, daughter having been in a foreign country rent application should have been dismissed?Daughter having gone
1982 PLD 557 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
MUHAMMAD ASIF KHAN VS MUBARAK AHMED West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 15 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)?eviction?Rented premises, occupation of by landlord?Landlord occupying a rented house and requiring his own house for his own occupation and making an application on that ground?Occupation of rented house, held,
1982 PLD 557 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
MUHAMMAD ASIF KHAN VS MUBARAK AHMED Sindh Rented Premises Ordinance 1979--15 , S.. 15-eviction-Satisfaction of Rent Controller-Provisions of S. 15 of Ordinance require satisfaction of Controller as to landlord having required premises in `good faith' for his own use and occupation or for use and occupation of his spouse or any of his children
1982 PLD 552 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
NAZIR MASIH VS HAJERA SHAHEEN Cantonments Rent Restriction Act 1963--17 , S--17(4) read with S. 2(a)?eviction of tenant?Personal requirement?Needs of sister?in?law, her children and father?in?law?Cannot be taken into consideration in determining personal bona fide requirement of landlady in view of definition of family as given in Act--Such persons even if excluded from consideration, fami
1982 PLD 552 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
NAZIR MASIH VS HAJERA SHAHEEN Cantonments Rent Restriction Act 1963--2 , S--17(4) read with S. 2(a)-eviction of tenant-Personal requirement-Needs of sister-in-law, her children and father-in-law-Cannot be taken into consideration in determining personal bona fide requirement of landlady in view of definition of family as given in Act--Such persons even if excluded from consideration, famil
1982 PLD 552 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
NAZIR MASIH VS HAJERA SHAHEEN Constitution of Pakistan 1973--199 , Art. 199 read with Cantonments Rent Restriction Act (XI of 1963), S.17(4)?eviction?Personal requirement?Writ jurisdiction?Jurisdiction extends to decide, either rightly or wrongly ? Mere fact of decision being wrong?Does not render decision without jurisdiction Premises in dispute even if treated as consisting of three inde
1982 PLD 532 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ABDUL REHMAN VS AHMAD KHAN Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--27 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2(h), 15 & 27(3) read with Sind Urban Rent Restriction Ordinance (VI of 1959), Ss. 2(a) & 13-Hotels-eviction-Words "be continued and disposed of in accordance with the provisions of this Ordinance" occurring in S, 27(3)
1982 PLD 532 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ABDUL REHMAN VS AHMAD KHAN Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--27 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2(h), 15 & 27(3) read with Sind Urban Rent Restriction Ordinance (VI of 1959), Ss. 2(a) & 13-Hotels-eviction-Words "be continued and disposed of in accordance with the provisions of this Ordinance" occurring in S, 27(3)
1982 PLD 532 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ABDUL REHMAN VS AHMAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?Hotels?eviction?Words "be continued and disposed of in accordance with the provisions of this Ordinance" occurring in S, 27(3) of Ordinance XVII of 1979?Have two separate disjunctive clauses, first means to continue proceedings instituted under Ordinance (VI of 1959), and protects basic rights of par
1982 PLD 451 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ZAFAR AHMAD VS MUHAMMAD HUSSAIN Civil Procedure Code --Order XIII of C.P.C. Production, Impounding and Return of Documents--2 , West Pakistan Urban Rent Restriction Ordinance 1959--16 , Ss. 13(6) & 16 read with Civil Procedure Code (V of 1908), O. XIII, r. 2-eviction-Condonation of delay-Application for condonation of delay filed, subsequently application for leading evidence to prove grou
1982 PLD 451 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ZAFAR AHMAD VS MUHAMMAD HUSSAIN Civil Procedure Code --Order XIII of C.P.C. Production, Impounding and Return of Documents--2 , West Pakistan Urban Rent Restriction Ordinance 1959--16 , Ss. 13(6) & 16 read with Civil Procedure Code (V of 1908), O. XIII, r. 2-eviction-Condonation of delay-Application for condonation of delay filed, subsequently application for leading evidence to prove grou
1982 PLD 451 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ZAFAR AHMAD VS MUHAMMAD HUSSAIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13(6) & 16 read with Civil Procedure Code (V of 1908), O. XIII, r. 2?eviction?Condonation of delay?Application for condonation of delay filed, subsequently application for leading evidence to prove grounds of condonation of delay also filed and granted?Rent Controller much after granting applicati
1982 CLC 2654 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ABDUL MAJEED VS NAZIMUDDIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2) (i)-Default in payment of rent--Tenant denying relationship of landlord and tenant and specifically denying default, advancing plea of tendering rent by Money Order which on occasions accepted while on others refused by landlord-At commencement of tenancy landlord taking a sum as "deposit" refund
1982 CLC 2632 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
MUHAMMAD OBAIDULLAH VS MUHAMMAD SHAIB West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Respondent's wife operated for gall bladder and unable to climb 80 to 85 stairs to reach present residence-Respondent's son a mental case advised medically to live in an open and big home-Respondent's family increased to six children and present two rooms not sufficien
1982 CLC 2188 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
KHAISTA KHAN VS GHULAM FATIMA Sindh Rented Premises Ordinance 1979--16 , S. 16 (1) & (3)-eviction proceedings-Order contemplated under S. 16 (1)-Tentative in nature in view of subsection (3) of S. 16 Contention that order under S. 16 (i) could be passed with regard to arrears as well as concurrent monthly rent after holding summary enquiry and final in nature, held, had no force.
1982 CLC 2164 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ANWER SULTANA VS MUHAMMAD AZAD ABBAS Sindh Rented Premises Ordinance 1979--15 , S. 15 (2) (vii)-eviction. proceedings-Petitioner shifting to K from S and residing with her brother and 8 members of family in accommodation of 3 rooms-Petitioner having no other accommodation in eviction of respondent ordered, in circumstances-Contention as to disputed accommodation being not sufficient for la
1982 CLC 2097 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
GBULAM RAZA VS FATIMA BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 - eviction proceedings - Relationship of landlady and tenant - Tenant denying relationship of landlady and tenant Rent Controller giving finding against tenant-Tenant's appeal allowed-High Court on landlady's second appeal holding tenant's appeal before Additional District Judge incompetent and reman
1982 PLD 305 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ABDUL JABBAR KHAN VS MARTIAL LAW ADMINISTRATOR ZONE 'C" Martial Law Order 1977 (Zone C) No. 20--ORDER , No. 20-eviction petition-Existence of relationship of tenant and landlord between parties-Held, a precondition for availing provisions of Martial Law Order No. 20.
1982 CLC 1940 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
JAMEEL AHMED VS MUNEERUDDIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S..13 (2)-eviction-Discretion-Two tribunals giving concur- rent findings of wilful default on part of tenant (appellant) in payment of rent-Tenant by Money Order tendering rent for twelve months in lump sum-No reason or justification given or made out for disturbing concurrent findings in second appeal-He
1982 CLC 1934 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
FAWZI ALI KAZMI VS ABDULLA Code of Civil Procedure 1908--100 , Evidence Act 1872--114 , S. 100 and O. XVI, R. 21 read with Evidence Act (I of 1872). S. 114-Joint petition - Non-appearance in witness-box Son of landlord for whom premises required, not stepping into witness-box-Son himself signing and filing eviction application Landlord besides being attorney of son, deposing to facts from
1982 CLC 1934 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
FAWZI ALI KAZMI VS ABDULLA Code of Civil Procedure 1908--100 , Evidence Act 1872--114 , S. 100 and O. XVI, R. 21 read with Evidence Act (I of 1872). S. 114-Joint petition - Non-appearance in witness-box Son of landlord for whom premises required, not stepping into witness-box-Son himself signing and filing eviction application Landlord besides being attorney of son, deposing to facts from
1982 CLC 1838 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ABDUL REHMAN VS ATTA MUHAMMAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (3) (a) (!)-eviction proceedings-Landlord constructing house and letting out same next [year to respondent-tenant--Filing of ejectment petition 6 years after when several children born, held, does not show mala fide intention of landlord.
1982 CLC 1314 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
MARIAM BAI ADAM ALI VS SALIMA KHATOON Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21--eviction proceedings-Ex parte order passed against appellant without service of notice-Bar of limitation provided under S. 21, held, not applicable.-[Limitation].
1982 CLC 1314 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
MARIAM BAI ADAM ALI VS SALIMA KHATOON Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21--eviction proceedings-Ex parte order passed against appellant without service of notice-Bar of limitation provided under S. 21, held, not applicable.-[Limitation].
1982 CLC 1301 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ABDUL SHAKOOR VS TUFAZZAL HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--22 , Ss. 15(2) & 22-Ex paste eviction proceedings-Service of notice by pasting a copy on outer door held to be no good service and fresh notices ordered to be issued--Rent Controller in circumstances, held, could not anti-date hearing of case and proceed ex paste after having
1982 CLC 1301 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ABDUL SHAKOOR VS TUFAZZAL HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--22 , Ss. 15(2) & 22-Ex paste eviction proceedings-Service of notice by pasting a copy on outer door held to be no good service and fresh notices ordered to be issued--Rent Controller in circumstances, held, could not anti-date hearing of case and proceed ex paste after having
1982 CLC 1192 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ALI KATHIAWAR MANSOORI GENERAL JAMAIT VS PERVEZ AKHTAR AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--27 , S. 15 (2) (vii) & S. 27 (3)-eviction for own occupation or use Distinction between residential and non-residential premises---Rent Controller passing impugned order under S. 13 of West Pakistan Urban Rent Restriction Ordinance, 1959 before comin
1982 CLC 1192 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ALI KATHIAWAR MANSOORI GENERAL JAMAIT VS PERVEZ AKHTAR AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--27 , S. 15 (2) (vii) & S. 27 (3)-eviction for own occupation or use Distinction between residential and non-residential premises---Rent Controller passing impugned order under S. 13 of West Pakistan Urban Rent Restriction Ordinance, 1959 before comin
1982 CLC 744 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ABDUL HAMEED VS HIFAZAT HUSSAIN JAFRI Martial Law Order 1977 (Zone C) No. 20--ORDER , No. 20, cl. 2-eviction-Landiord not a retired Government servant at time when ejectment application moved before Summary Military Court-Provisions of cl. 2 of Martial Law Order 20, held, not applicable-Jurisdiction assumed by Summary Military Court under Martial Law Order, not justified [Jurisdiction].
1982 CLC 665 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
MUHAMMAD ISHAQUE VS ABDUL HAQUE West Pakistan Urban Rent Restriction Ordinance 1959--4 , Ss. 13 & 4-eviction-Landlord invoking section 4 pending ejectment application for personal requirement-Held, such fact would not adversely reflect on bona fide requirement of landlord.
1982 PLD 210 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
NASIM AHMAD VS SENIOR CIVIL JUDGE & RENT CONTROLLER Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--19 , Ss. 16 & 19-Rent arrears-Summary Inquiry for determination of arrears of rent by Rent Controller-Nature of order passed in such inquiry-Tentative-Final determination of rate of rent and arrears to be decided after close of entire evidence and arguments-C
1982 CLC 606 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
MEHTAB HUSSAIN RLZVI VS ZAFIR AHMAD Sindh Rented Premises Ordinance 1979--13 , S. 13 (aXi)-eviction of tenant sought on ground of landlord having been ailing since last 1i years hospitalized several times on account of heart attack and advised to take up residence on ground floor and totally avoid going up or climbing down stairs-Fact of landlord being a heart patient proved by his evidenc
1982 CLC 398 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
MUHAMMAD YOUSUF VS ABDUL LATIF West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. k13(2)-eviction-Default in payment of rent found to have been technically committed only once in last I1 years of tenancy-Default not being wilful, Rent Controller, held, acted well within his jurisdiction in exercising discretion vested in him in favour of tenant by refusing his ejectment.
1982 PLD 188 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
NAJMUDDIN VS ZAMIR AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)-eviction-Direction-Controller, held, not bound to order eviction in every case where default in payment of rent proved, but has ample discretion to be exercised after taking into consideration all factors-Landlord telling tenant of his inability to receive rent due to being busy in preparation of ac
1982 CLC 288 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
SAEEDA TASEER VS ORIENT IMPEX Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(g) & 14-eviction-Premises required for appellant's husband , retired from government service-Appellant not one of persons mentioned specifically in section 14-Application held, not maintainable Definition of expression "personal use"-Does not confer any right to file app
1982 CLC 288 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
SAEEDA TASEER VS ORIENT IMPEX Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(g) & 14-eviction-Premises required for appellant's husband , retired from government service-Appellant not one of persons mentioned specifically in section 14-Application held, not maintainable Definition of expression "personal use"-Does not confer any right to file app
1982 PLD 182 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
MUHAMMAD HANIF VS SARA For his own occupation--WORDS AND , Sindh Rented Premises Ordinance 1979--13 , S. 13 (3) (i) (a)-eviction-Words and phrases-Expression 'for his own occupation' used in sub-paragraph (i) (a) of S. 13 of Ordinance, held, embraces not only needs of landlord but also needs of his family and family includes his children.-[Words and phrases].
1982 PLD 182 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
MUHAMMAD HANIF VS SARA For his own occupation--WORDS AND , Sindh Rented Premises Ordinance 1979--13 , S. 13 (3) (i) (a)-eviction-Words and phrases-Expression 'for his own occupation' used in sub-paragraph (i) (a) of S. 13 of Ordinance, held, embraces not only needs of landlord but also needs of his family and family includes his children.-[Words and phrases].
1982 CLC 253 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
NOOR MUHAMMAD VS MOHAMMAD QAYOOM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction-Appellant not a statutory tenant-Notice under S. 30 of Act XXVIII of 1958 not necessary-Non-com
1982 CLC 253 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
NOOR MUHAMMAD VS MOHAMMAD QAYOOM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction-Appellant not a statutory tenant-Notice under S. 30 of Act XXVIII of 1958 not necessary-Non-com
1982 CLC 253 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
NOOR MUHAMMAD VS MOHAMMAD QAYOOM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction-Appellant not a statutory tenant-Notice under S. 30 of Act XXVIII of 1958 not necessary-Non-com
1982 CLC 2 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
HASHIM BHAI VS MUHAMMAD FAROOQ Sindh Rented Premises Ordinance 1979--21 , S. 21-eviction-Order of eviction challenged on grounds of landlord having another premises where he carried on business and having asked for enhancement of rent of premises-Evidence, however, not showing landlord demanding enhancement of rent and landlord deposing to be unemployed and having no other business and req
1982 PLD 971 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
FATIMA BAI VS JAN MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?eviction of tenant?Landlady's application for ejectment of alleged tenant accepted and possession restored to landlady?Subsequently on such tenant's move such proceedings remanded to Rent Controller for deciding question of existence of relationship of landlady and tenant between parties?Rent Control
1982 PLD 935 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
A. GHANI DANWALA VS AHMAD IBRAHIM AMEEN Sindh Rented Premises Ordinance 1979--15 , Ss. 14 & 15-eviction-Scope of sections-Sections 14 & 15 give separate causes of action to landlord-Filing of application under one section-No bar to filing of application under other section-Landlord becoming entitled to file application under S. 14, filing of earlier application under S. 15 or pendency of s
1982 PLD 935 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
A. GHANI DANWALA VS AHMAD IBRAHIM AMEEN Sindh Rented Premises Ordinance 1979--14 , S. 14 (1)-eviction-Contention that house in question belonged to one Mst. AB hailing from Dhoraji whereas respondent (applicant) did not hail from Dhoraji hence gift of house made by Mst. AB in favour of applicant not valid and applicant could not seek eviction of appellant tenant-House gifted to respondent
1982 PLD 115 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
BHIMJI VS ABDUL SATTAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2) (vi)?eviction?Requirement for reconstruction?Building very old one and landlord getting plan for its reconstruction approved?Contention as to application for ejectment on ground of reconstruction of building filed by landlord being not bona fide or reasonable, held, not tenable.
1982 PLD 115 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
BHIMJI VS ABDUL SATTAR Sindh Rented Premises Ordinance 1979--27 , S. f3(5-B) read with Sind Rented Premises Ordinance (XVII of 1979), S.27(2),(3)-eviction- Reconstruction -Accommodation of tenant-Second Appeal filed under repealed Ordinance VI of 1959 To be decided on basis of repealed Ordinance-High Court hence can go into question of applicability of S. 13(5-B) to case-Sufficient materia
1982 PLD 823 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
ULFAT HAMEED VS BIRJIS KHATOON Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--21 , Ss. 2 (a), 14 & 21-Word `building' defined in S. 2 (a) of Ordinance-Cannot be interpreted to mean only a 'residential building'-Word `Building' used in S. 14 means any kind of building including both residential as well as commercial
1982 PLD 790 KARACHI-HIGH-COURT-SINDH
Sindh · 1982
FAKHRUDDIN VS ASADULLAH SHAH West Pakistan Urban Rent Restriction Ordinance 1959--13 , S---- 13(2)?eviction proceedings?Finding as to premises being required for bona fide use of landlord concurrently made by Courts below, held, cannot, ordinarily be upset unless same pointed out on behalf of appellant as arrived at by misreading or non?reading of evidence on record. ?.? S. 13?'Good faith'
1981 SCMR 637 SUPREME-COURT
Supreme Court · 1981
JAMILA LATIF VS GHULAM YAZDANI KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(3) (a) (P)-Personal requirement-Landlady seeking eviction of petitioner on ground of personal requirement of her own as well as of her children-Landlady dying during pendency of ejectment application-Death of landlady, held, would not affect children's requirement.
1981 SCMR 588 SUPREME-COURT
Supreme Court · 1981
ABDUL RASHID VS MAJIDAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)-Non-compliance of tentative order of Rent Controller for deposit of rent-eviction of tenant, held, rightly ordered for such reason in absence of any justifiable excuse.
1981 SCMR 528 SUPREME-COURT
Supreme Court · 1981
DOST MUHAMMAD VS MUHAMMAD SHABBIR HUSSAIN Eviction of tenant--TERM , Maintainability--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 14-eviction of tenant-Second application--Maintainabilit--Landlord praying for ejectment of tenant on ground of default' in payment of rent and shop in dispute being required for running a printing press but in second application filed af
1981 SCMR 528 SUPREME-COURT
Supreme Court · 1981
DOST MUHAMMAD VS MUHAMMAD SHABBIR HUSSAIN Eviction of tenant--TERM , Maintainability--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 14-eviction of tenant-Second application--Maintainabilit--Landlord praying for ejectment of tenant on ground of default' in payment of rent and shop in dispute being required for running a printing press but in second application filed af
1981 SCMR 528 SUPREME-COURT
Supreme Court · 1981
DOST MUHAMMAD VS MUHAMMAD SHABBIR HUSSAIN Eviction of tenant--TERM , Maintainability--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 14-eviction of tenant-Second application--Maintainabilit--Landlord praying for ejectment of tenant on ground of default' in payment of rent and shop in dispute being required for running a printing press but in second application filed af
1981 SCMR 508 SUPREME-COURT
Supreme Court · 1981
HABIB BANK LTD. VS MEHR MUHAMMAD SHAHID Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)(i)--eviction - Personal requirement - Contention that petitioner's witnesses did not state respondents having required house in dispute for their personal use and occupation and mere expression of desire to reside in one's own house could not be equated with requireme
1981 SCMR 508 SUPREME-COURT
Supreme Court · 1981
HABIB BANK LTD. VS MEHR MUHAMMAD SHAHID Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)(i)--eviction - Personal requirement - Contention that petitioner's witnesses did not state respondents having required house in dispute for their personal use and occupation and mere expression of desire to reside in one's own house could not be equated with requireme
1981 SCMR 326 SUPREME-COURT
Supreme Court · 1981
DIN MUHAMMAD VS UMAR HAYAT Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Notice--TERM , --- S. 13(6) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30 - Defence, striking off Notice - Opportunity of hearing-No application for striking off defence filed-No entry in order sheet of Rent Controller appearing after a certain date nor
1981 SCMR 326 SUPREME-COURT
Supreme Court · 1981
DIN MUHAMMAD VS UMAR HAYAT Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Notice--TERM , --- S. 13(6) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30 - Defence, striking off Notice - Opportunity of hearing-No application for striking off defence filed-No entry in order sheet of Rent Controller appearing after a certain date nor
1981 PLD 598 SUPREME-COURT
Supreme Court · 1981
ZOHRA IRSHAD VS M/S. S.K.& F. CO. West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?eviction ?Dispute over lending, borrowing etc.?Jurisdiction?Irrespective of dimension and scope of controversy between parties before him, Rent Controller can adjudicate only on matters prescribed in Ordinance or questions ancillary and necessary adjuncts to those within his jurisdiction?Dispu
1981 SCMR 286 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD IDRIS VS SHAH JEHAN BEGUM Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S. 13 (3)-eviction-Petitioner admittedly in default in payment of rent on date of eviction application for a period of more than 4 1/2 years such act on part of tenant, held, disentitled him to invoke Rent Controller's discretion in his favour-No evidence to show parties having
1981 SCMR 286 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD IDRIS VS SHAH JEHAN BEGUM Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S. 13 (3)-eviction-Petitioner admittedly in default in payment of rent on date of eviction application for a period of more than 4 1/2 years such act on part of tenant, held, disentitled him to invoke Rent Controller's discretion in his favour-No evidence to show parties having
1981 SCMR 257 SUPREME-COURT
Supreme Court · 1981
ABDUL MANNAN VS KARAM ILAHI Amendment in law--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(5)(b)-Amendment in law---Contention that law having been amended during pendency of proceedings, Courts below should have given effect to law as amended and should have examined reasonable ness and bona fides of respondent landlord in seeking eviction--Amendment in law, h
1981 SCMR 257 SUPREME-COURT
Supreme Court · 1981
ABDUL MANNAN VS KARAM ILAHI Amendment in law--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(5)(b)-Amendment in law---Contention that law having been amended during pendency of proceedings, Courts below should have given effect to law as amended and should have examined reasonable ness and bona fides of respondent landlord in seeking eviction--Amendment in law, h
1981 PLD 578 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD SALEEM VS BEGUM MUSARRAT BASHIRUL HASSAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 11?eviction of tenant?Requirement for personal use Conversion of residential house into commercial house?Lease deed silent on question of use to which bungalow to be put?Petitioner admittedly installing a printing press in bungalow shortly after same given on rent?All Courts
1981 PLD 578 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD SALEEM VS BEGUM MUSARRAT BASHIRUL HASSAN West Pakistan Urban Rent Restriction Ordinance 1959--11 , Ss. 13 & 11-eviction of tenant-Requirement for personal use Conversion of residential house into commercial house-Lease deed silent on question of use to which bungalow to be put-Petitioner admittedly installing a printing press in bungalow shortly after same given on rent-All Courts
1981 SCMR 198 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD BOOTA VS MUNIR HUSSAIN Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --------S.13 (6)-Ejectment-Petitioner-tenant failing to deposit arrears of rent as ordered by Rent Controller and Rent Controller in consequence directing to ant's defence to be struck off but postponing, physical eviction of petitioner till dispute as to ownership of premises in dis
1981 SCMR 198 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD BOOTA VS MUNIR HUSSAIN Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --------S.13 (6)-Ejectment-Petitioner-tenant failing to deposit arrears of rent as ordered by Rent Controller and Rent Controller in consequence directing to ant's defence to be struck off but postponing, physical eviction of petitioner till dispute as to ownership of premises in dis
1981 SCMR 197 SUPREME-COURT
Supreme Court · 1981
NAZIR AHMAD VS GHULAM NABI West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-Ejectment on grounds of personal use and reconstruction Occupation of a rented shop by landlord--Held, not a disqualification in law for asking for eviction of a tenant from his own shop on ground of personal use-Need for personal use and reconstruction established on record-Orders of eviction pas
1981 PLD 545 SUPREME-COURT
Supreme Court · 1981
ISMAIL BROTHERS VS KAVAL RAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?Civil Procedure Code (V of 1908), O. XXXIX, r. I?Judgment obtained by fraud?Injunction?eviction of appellant contended to have been obtained by committing fraud in proceeding under Rent Restriction Ordinance, 1959?Allegations of fraud?Generally raise mixed questions of law and fact having to be est
1981 PLD 545 SUPREME-COURT
Supreme Court · 1981
ISMAIL BROTHERS VS KAVAL RAM Specific Relief Act 1877--42 , S. 42-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Civil Procedure Code (V of 1908), O. XXXIX, r. I-Judgment obtained by fraud-Injunction-eviction of appellant contended to have been obtained by committing fraud in proceeding under Rent Restriction Ordinance, 1959-Allegations of fraud-Generally raise mixed qu
1981 SCMR 18 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD BAQAR QURESHI VS RAZIA BEGUM Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(i)-eviction of tenant-Default in payment of rent Clause (i) of subsection (2) of S. 13-Comprises two parts dealing with two different and distinct situations--First part stipulates a situation where time for payment of rent fixed in agreement of tenancy-Phr
1981 SCMR 18 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD BAQAR QURESHI VS RAZIA BEGUM Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(i)-eviction of tenant-Default in payment of rent Clause (i) of subsection (2) of S. 13-Comprises two parts dealing with two different and distinct situations--First part stipulates a situation where time for payment of rent fixed in agreement of tenancy-Phr
1981 PLD 491 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD ANWAR SIPRA VS MUHAMMAD DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(ti) (b)?eviction?Premises mentioned in lease deed as a house?Lease deed though silent about use to which house intended to be put, yet considering fact of same having been mentioned in lease deed as a house and also for reason of ? premises having consisted of first and second floor of b
1981 PLD 340 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD RAMZAN VS BASHIR AHMAD Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , General Clauses Act 1897--6 , S. 30 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2 and General Clauses Act (X of 1897), S. 6-Notice-Contention that petitioner having acquired a right to
1981 PLD 340 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD RAMZAN VS BASHIR AHMAD Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , General Clauses Act 1897--6 , S. 30 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2 and General Clauses Act (X of 1897), S. 6-Notice-Contention that petitioner having acquired a right to
1981 PLD 340 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD RAMZAN VS BASHIR AHMAD Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , General Clauses Act 1897--6 , S. 30 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2 and General Clauses Act (X of 1897), S. 6-Notice-Contention that petitioner having acquired a right to
1981 PLD 246 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD SHARIF VS MUHAMMAD AFZAL SOHAIL West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (3) (a)-eviction of tenant--Personal requirement--Landlord owning a shop in same locality but still constrained to run his business in deorhi of his residential house-Such fact, held, shows genuine requirement of shop in dispute by landlord for his personal use. Art.199 read with West P
1981 PLD 118 SUPREME-COURT
Supreme Court · 1981
ABDUL MAJID VS NAIMUN NISA BEGUM Sindh Rented Premises Ordinance 1979--14 , S. 14(1) & (2)-Ejectment-Personal requirement-Contention that landlady having owned and possessed another residential premises in same locality could not avail of benefit of summary eviction under subsection (1) of S. 14 irrespective of purpose for which eviction sought or purpose to which owned premises put in use
1981 SCMR 1238 SUPREME-COURT
Supreme Court · 1981
ABDUL KARIM VS MAZHAR-UL-HAQUE Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- - S. 13 (2) (vi)--eviction-Requirement for personal use-Landlord seeking possession of his shop with a view to accommodating his male children-Held, cannot be non-suited on ground of such children occupying property not owned by him or by his children. [p. 12391A & B' Malik Muhammad
1981 SCMR 1238 SUPREME-COURT
Supreme Court · 1981
ABDUL KARIM VS MAZHAR-UL-HAQUE Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- - S. 13 (2) (vi)--eviction-Requirement for personal use-Landlord seeking possession of his shop with a view to accommodating his male children-Held, cannot be non-suited on ground of such children occupying property not owned by him or by his children. [p. 12391A & B' Malik Muhammad
1981 SCMR 1226 SUPREME-COURT
Supreme Court · 1981
MEMOONA BEGUM VS FIDA HUSSAIN Constitution of Pakistan 1973--185 , Eviction--TERM , Waiver--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Waiver-.Petitioners themselves consenting in High Court to vacate premises, such act, held, amounted to waiver of legal right to pursue claim and not open to them to urge on merits of case-Constitution of Pakistan (1973)
1981 SCMR 1226 SUPREME-COURT
Supreme Court · 1981
MEMOONA BEGUM VS FIDA HUSSAIN Constitution of Pakistan 1973--185 , Eviction--TERM , Waiver--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Waiver-.Petitioners themselves consenting in High Court to vacate premises, such act, held, amounted to waiver of legal right to pursue claim and not open to them to urge on merits of case-Constitution of Pakistan (1973)
1981 SCMR 1226 SUPREME-COURT
Supreme Court · 1981
MEMOONA BEGUM VS FIDA HUSSAIN Constitution of Pakistan 1973--185 , Eviction--TERM , Waiver--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Waiver-.Petitioners themselves consenting in High Court to vacate premises, such act, held, amounted to waiver of legal right to pursue claim and not open to them to urge on merits of case-Constitution of Pakistan (1973)
1981 SCMR 1226 SUPREME-COURT
Supreme Court · 1981
MEMOONA BEGUM VS FIDA HUSSAIN Constitution of Pakistan 1973--185 , Eviction--TERM , Waiver--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Waiver-.Petitioners themselves consenting in High Court to vacate premises, such act, held, amounted to waiver of legal right to pursue claim and not open to them to urge on merits of case-Constitution of Pakistan (1973)
1981 SCMR 1166 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD SIDDIQUE VS MUHAMMAD SHAKIT Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2) (i) (6)-Direction for deposit of rent--0mission to order deposit of rent-A mistake but makes no difference where petitioner tenant admittedly defaulter in payment of rent throughout without any cause-Courts below, held, perfectly justified in holding
1981 SCMR 1166 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD SIDDIQUE VS MUHAMMAD SHAKIT Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2) (i) (6)-Direction for deposit of rent--0mission to order deposit of rent-A mistake but makes no difference where petitioner tenant admittedly defaulter in payment of rent throughout without any cause-Courts below, held, perfectly justified in holding
1981 SCMR 1146 SUPREME-COURT
Supreme Court · 1981
JEHANGIR VS MALLAH Martial Law Regulation 1972 No. 115--RGLN. , Para. 25 read with Notification dated 9th March, 1977 (providing for restoration of tenancies of tenants unauthorisedly ejected)-Tenants, right of-Jurisdiction-Tenant's right to pre-empt sale of land falling within his tenancy recognised by Regulation and tenant given most preferential position in matter-Regulation provides a
1981 SCMR 1065 SUPREME-COURT
Supreme Court · 1981
ZAIBUN NISA VS AMJAD HUSSAIN BOKHARI Constitution of Pakistan 1973--199 , Jurisdiction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Constitution of Pakistan (1973), Art. 199-Jurisdiction-Evidence showing no omission or misreading of record by District Judge ordering eviction of petitioners-High Court's refusal to interfere in such matter, held, justifie
1981 SCMR 1065 SUPREME-COURT
Supreme Court · 1981
ZAIBUN NISA VS AMJAD HUSSAIN BOKHARI Constitution of Pakistan 1973--199 , Jurisdiction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Constitution of Pakistan (1973), Art. 199-Jurisdiction-Evidence showing no omission or misreading of record by District Judge ordering eviction of petitioners-High Court's refusal to interfere in such matter, held, justifie
1981 SCMR 1065 SUPREME-COURT
Supreme Court · 1981
ZAIBUN NISA VS AMJAD HUSSAIN BOKHARI Constitution of Pakistan 1973--199 , Jurisdiction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Constitution of Pakistan (1973), Art. 199-Jurisdiction-Evidence showing no omission or misreading of record by District Judge ordering eviction of petitioners-High Court's refusal to interfere in such matter, held, justifie
1981 SCMR 979 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD RIAZ VS NASIM AKHTAR Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)(a)(ii)--eviction of tenant--Personal requirement-Mere ownership of property in same urban area-Held, by itself no ground to refuse landlord's application for eviction of his tenant on ground of personal requirement.
1981 SCMR 979 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD RIAZ VS NASIM AKHTAR Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)(a)(ii)--eviction of tenant--Personal requirement-Mere ownership of property in same urban area-Held, by itself no ground to refuse landlord's application for eviction of his tenant on ground of personal requirement.
1981 SCMR 971 SUPREME-COURT
Supreme Court · 1981
MUNAWAR HUSSAIN VS REHMAT ALI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -S. 13 read with Civil Procedure Code (V of 1908), O. XXI, r. 100 and Constitution of Pakistan (1973), Art. 185(3)-eviction of tenant-Dispossession, complaint against-Respondent-landlor
1981 SCMR 971 SUPREME-COURT
Supreme Court · 1981
MUNAWAR HUSSAIN VS REHMAT ALI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -S. 13 read with Civil Procedure Code (V of 1908), O. XXI, r. 100 and Constitution of Pakistan (1973), Art. 185(3)-eviction of tenant-Dispossession, complaint against-Respondent-landlor
1981 SCMR 971 SUPREME-COURT
Supreme Court · 1981
MUNAWAR HUSSAIN VS REHMAT ALI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -S. 13 read with Civil Procedure Code (V of 1908), O. XXI, r. 100 and Constitution of Pakistan (1973), Art. 185(3)-eviction of tenant-Dispossession, complaint against-Respondent-landlor
1981 SCMR 956 SUPREME-COURT
Supreme Court · 1981
LATIF VS HASHMI KHATOON Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6) read with Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958), S. 30---Statutory notice, service of Tenant-Contesting eviction, inter alia, on ground of not having been served with statutory notice under S. 30, Act
1981 SCMR 956 SUPREME-COURT
Supreme Court · 1981
LATIF VS HASHMI KHATOON Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6) read with Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958), S. 30---Statutory notice, service of Tenant-Contesting eviction, inter alia, on ground of not having been served with statutory notice under S. 30, Act
1981 SCMR 876 SUPREME-COURT
Supreme Court · 1981
PIR GHULAM VS PROVINCE OF BALUCHISTAN Baluchistan Government Lands and Buildings (Recovery and Possession) Ordinance 1956--3 , Eviction--TERM , S.3 (1)-eviction-Quarter under consideration not allotted to petitioner and petitioner living therein with allottee Government servant since dead--Civil Estate Officer's direction to petitioner to vacate premises, held, not open to challenge in wri
1981 SCMR 876 SUPREME-COURT
Supreme Court · 1981
PIR GHULAM VS PROVINCE OF BALUCHISTAN Baluchistan Government Lands and Buildings (Recovery and Possession) Ordinance 1956--3 , Eviction--TERM , S.3 (1)-eviction-Quarter under consideration not allotted to petitioner and petitioner living therein with allottee Government servant since dead--Civil Estate Officer's direction to petitioner to vacate premises, held, not open to challenge in wri
1981 SCMR 875 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD ALI VS HASAN BIBI Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----- S. 13-eviction of tenant-Concurrent findings of fact-Issue whether petitioner a tenant of respondent (applicant) or of another An issue on a question of fact-Such issue conclusively decided by three Courts below by concurrent findings-Findings not revisable by Supreme Court
1981 SCMR 875 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD ALI VS HASAN BIBI Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----- S. 13-eviction of tenant-Concurrent findings of fact-Issue whether petitioner a tenant of respondent (applicant) or of another An issue on a question of fact-Such issue conclusively decided by three Courts below by concurrent findings-Findings not revisable by Supreme Court
1981 SCMR 855 SUPREME-COURT
Supreme Court · 1981
ALI GOHAR VS NASIM AKHTAR Eviction--TERM , S. 13--eviction-Remand-No proof adduced by petitioner-tenant to show rent having been paid regularly for period prior to one for which Rent Controller ordered tenant to deposit rent in Court-Remand of case to Rent Controller, in circumstances, held, rightly found by High Court to be an exercise in futility..-[Remand of case].
1981 SCMR 855 SUPREME-COURT
Supreme Court · 1981
ALI GOHAR VS NASIM AKHTAR Remand--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Remand-High Court pointing out petitioner having himself admitted to have never paid any rent to respondent and having emphatically denied relationship of landlord and tenant between two--Futile in circumstances to remand case to Rent Controller for giving finding on question w
1981 SCMR 855 SUPREME-COURT
Supreme Court · 1981
ALI GOHAR VS NASIM AKHTAR Remand--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Remand-High Court pointing out petitioner having himself admitted to have never paid any rent to respondent and having emphatically denied relationship of landlord and tenant between two--Futile in circumstances to remand case to Rent Controller for giving finding on question w
1981 SCMR 845 SUPREME-COURT
Supreme Court · 1981
HASIB HUSSAIN VS DISTRICT JUDGE, MULTAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(2)(ii)-Subletting-Sub-tenant raising a cabin partly on platform attached to shop in dispute and partly on road-No proof adduced as to sub-tenant having been a licensee of Cantonment Board in respect of projection on road and not being a sub-tenant of tenant of shop in dispute-Lower Co
1981 SCMR 844 SUPREME-COURT
Supreme Court · 1981
M. MUHAMMAD SHARIF VS M. S. SULTAN Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S 13(3) (a) (ii)--eviction of tenant-Requirement for son-Examination of son in witness-box-Not necessary-eviction of tenant, held, cannot be challenged on ground of failure to examine son having deprived tenant of opportunity to test truth of requirement of shop for so
1981 SCMR 844 SUPREME-COURT
Supreme Court · 1981
M. MUHAMMAD SHARIF VS M. S. SULTAN Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S 13(3) (a) (ii)--eviction of tenant-Requirement for son-Examination of son in witness-box-Not necessary-eviction of tenant, held, cannot be challenged on ground of failure to examine son having deprived tenant of opportunity to test truth of requirement of shop for so
1981 SCMR 789 SUPREME-COURT
Supreme Court · 1981
NAJAM MOINY VS RIAZ-UD-DIN AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(3) (a) (ii)-Personal requirement - Landlord filing ejectment application against his tenant in another shop and Supreme Court in such case upholding findings of lower Courts as to requirement of landlord being not bona fide-Contention that such decision should have reacted on landlord's pers
1981 SCMR 784 SUPREME-COURT
Supreme Court · 1981
MUHAMMAD SIDDIQ VS MUHAMMAD SHARIF West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (3)(a)(ii)-Personal requirement-Landlord proving to have no other shop besides shop in question and his intent to rue his own business in shop leased out to petitioner-Petitioner, held, liable to be evicted on such ground alone besides for failure to pay rent-Fact of eviction application file
1981 PLD 157 PESHAWAR-HIGH-COURT
KPK · 1981
MUHAMMAD AFZAL KHAN VS HAJI ABDUL JALIL West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(4)-Words and phrases-Expression "or having been so occupied is relet within two months"-Does not mean that after expiry of two months landlord can give building on rent to any person other than original . tenant but means that if landlord found to have not occupied building for his pe
1981 CLC 1704 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
MUHAMMAD LATIF VS NISAR AHMED West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Record showing findings of Courts below not suffering from any misreading of evidence or non-reading of any material piece of evidence-Appeal dismissed.
1981 CLC 1565 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
MUBAMMAD SIDDIQUE VS ZUBEDA BEGUM Civil Procedure Code --Order I of C.P.C. Parties to Suits--9 , O. I, r. 9-Non-joinder of parties-Only two occupants of property served with notice under S. 30-Other occupants held, fully protected and their non-joinder not frustrative of order of eviction--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30.
1981 CLC 1536 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
AHMADULLAH VS HAFEEZ AKHTAR West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15 (5)-Ouster of jurisdiction of civil Courts--Question whether order of eviction could not be challenged in civil suit-Not decided without examining such question in detail, observation of lower Court as to such suit being not maintainable, held, wholly unjustified.
1981 CLC 1386 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
ABDUR REHMAN VS ABDUR RASHID West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (3) (a) (ii) (a)----eviction of tenant--Bona fide requirement of landlord-Landlord stating to have been carrying on business of stamp making alongwith his son in front of shop in dispute at foot of stairs on a strip-less than 2 feet belonging to Municipal Committee-Statement held, quite sufficient
1981 CLC 1369 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
SECRETARY, EDUCATION, GOVERNMENT OF PUNJAB VS RENT CONTROLLER Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Ss. 27 (1) & 17 (8)-eviction order without inquiry-Tenant either not appearing on date fixed fo; hearing :or not complying with order of filing reply to petition for eviction-Defence struck off by Rent Controller and eviction ordered without
1981 CLC 1369 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
SECRETARY, EDUCATION, GOVERNMENT OF PUNJAB VS RENT CONTROLLER Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Ss. 27 (1) & 17 (8)-eviction order without inquiry-Tenant either not appearing on date fixed fo; hearing :or not complying with order of filing reply to petition for eviction-Defence struck off by Rent Controller and eviction ordered without
1981 CLC 1369 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
SECRETARY, EDUCATION, GOVERNMENT OF PUNJAB VS RENT CONTROLLER Civil Procedure Code --Order VIII of C.P.C. Written Statement and Set-off--10 , S. 17(9) read with Civil Procedure Code (V of 1908), O. VIII, r. 10-Tenant not filing reply to petition for eviction or not appearing on date fixed for hearing-Defence struck off by Rent Controller-Held, defence can be struck off by Rent Controller o
1981 CLC 1117 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
REHMAT ALI VS ABDUL AZIZ Transfer of Property Act 1882--53-A , S. 53-A-Ejectment from tenancy-Landlord entering into an agreement of sale with tenant with respect of property in his occupation-Held, tenant entitled to protection of S. 53-A if he proves execution of such an agreement; payment of a considerable amount towards sale price and stipulation in agreement for exemption from payment
1981 CLC 1072 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
SHAMIM AKHTAR VS INSHA ALLAH BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (6)-Striking of defence-Order passed under S. 13(6)-Terminates on final determination of proceedings before Rent Controller-Order of eviction passed by Rent Controller on 10th July 1976, and appeal accepted on 22nd June 1977-Tenants, held, not bound to comply with Rent Controller's order unde
1981 CLC 689 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
BASHIR AHMED VS MUHAMMAD BASHIR-MUHAMMAD NAZIR & CO. West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3) (a) (ii)-eviction-Premises held by a firm-A firm has a separate existence from its partners though it does not acquire a, corporate status-Firm's existence being different from that of its partners for purposes of S. 13(3) (a) (ii) of Ordinance, words `for his own occupat
1981 CLC 632 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
MUHAMMAD MUNIR VS MUHAMMAD ANWAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)-eviction-Rent Controller tentatively deciding tenant not liable to deposit rent for period preceding institution of ejectment application-Such order being tentative and final decision yet to be made on proper inquiry-Tenant not depositing future 'rent-Rent Controller, held, could eject tenan
1981 CLC 185 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
HAFEEZ-UR-REHMAN VS ADDITIONAL RENT CONTROLLER, LAHORE CANTT Cantonments Rent Restriction Act 1963--22 , S. 22-eviction-Protection froth eviction under S. 22 of Act, held, available to Government servant, in case of eviction being detrimental to public interest.
1981 CLC 20 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
ABDUL MAJID VS MUHAMMAD ASLAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(vi)-Reconstruction-eviction of tenant-Evidence Act (I of 1872) and Civil Procedure Code (V of 1908) being not in terms applicable to proceedings before Rent Controller, building plan being an authentic public document, held, could be rightly produced by landlord in his own statement.-[Mian Taj
1981 PLD 694 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
MRS. AMINA BEGUM VS MEHAR GHULAM DESTGIR Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , S. 30 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (2) (i)-eviction of tenant-Landlord praying for eviction of tenant, inter alia on ground of default in payment of rent Rent Controller, held, cannot be said to have no jurisdiction to proceed with appl
1981 PLD 694 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
MRS. AMINA BEGUM VS MEHAR GHULAM DESTGIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2) (f)?Protection under S. 30?eviction of tenant Property transferred to landlord in 1965, notice under S. 30 served in 1966, eviction application filed in 1966 and decided in 1972?Applicants tenant, if at all protected under S. 30. such protection, held, ended during pendency of proce
1981 PLD 583 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
MUSTAJAB AHMAD VS AZIZ FATIMA West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , S. 2(a) read with S. 13 and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(4)-"Building"-Definition-"Covered passage"-Held, part of building and Rent Controller and first Appellate Authority have jurisdiction to dea
1981 PLD 52 LAHORE-HIGH-COURT-LAHORE
Punjab · 1981
MUHAMMAD ASHRAF VS MUHAMMAD ALMAS Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--22 , S. 15 read with S. 13 and Civil Procedure Code (V of 1908), O. XLI, r. 22-Appeal under S. 15 against order of ejectment does not require or provide for any cross-objections-Order of eviction being in favour of landlord he cannot file any cross-objections or cross-appeal but can
1981 PLD 528 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
MUHAMMAD ANWAR VS ABDUL MAJEED Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--4 , S. 30 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss. 2 & 4-Protection under S. 30-Repealing Act XIV of 1975 having comple
1981 PLD 528 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
MUHAMMAD ANWAR VS ABDUL MAJEED Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--4 , S. 30 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss. 2 & 4-Protection under S. 30-Repealing Act XIV of 1975 having comple
1981 PLD 273 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
IRSHAD ALI VS MUHAMMAD UMAR West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(3) & 15-Ejectment-Ground of personal and bona fide requirement of shop put forth in application of eviction filed by deceased landlady, held, cannot be availed of by her sons and daughter, after her death.
1981 PLD 273 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
IRSHAD ALI VS MUHAMMAD UMAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13(3) & 15?Ejectment?Ground of personal and bona fide requirement of shop put forth in application of eviction filed by deceased landlady, held, cannot be availed of by her sons and daughter, after her death. ?? S. 13?A?Mere posting of notice to tenant by new landlord in event of transfer of property?
1981 CLC 1685 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
AHMED VS WAR AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Default in payment of rent-Not to be condoned on ground of tenant having been out of station.
1981 CLC 1361 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
RABIA VS YOUSAF West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6).- eviction-Wilful default-Tenant an old man of 75 and default in payment of arrears of rent within time allowed by Rent Controller caused due to misunderstanding-Fact of respondent having deposited full arrears of rent before due date showing his intention to comply with orders-Respondent's Advocate patently
1981 CLC 1267 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
TAIYAB A. KAPADIA VS ZIAUDDIN BARNI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Personal requirement of one of married daughters, held, cannot be substituted in a rent application filed by deceased landlord on basis of personal requirement.
1981 CLC 1223 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
FARZAN RIZVI VS KHALILUR REHMAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3) (a) (ii)-Non-residential building-Landlord's requirement in good faith for personal use-Landlord (respondent) making averment of his desire to start business of manufacturing Katha-No evidence led as to landlord's requirements in terms of area for business and obtaining permission to start su
1981 CLC 1114 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
ABDUL KHALIQ VS GHULAM ABBAS BHATTI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction-Dispute existing between parties not only as to quantum of rent but also on question whether rent paid or not but no issue struck on point of default in payment of rent-Tenant's defence struck off merely on finding of existence of relationship of landlord and tenant between parties-
1981 CLC 1060 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
ABDUL GHANI VS MAKHAN BANO West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)-eviction of tenant---Rent Controller's discretion-eviction application filed after expiry of tenancy agreement covering a deposit of certain amount -Tenant in circumstances having no right to adjust arrear of rent against his deposit, tenant, held, in default in payment of rent but default being t
1981 CLC 978 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
ABDUL MAJEED VS M. ANWAR AZIZ West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (I)-eviction of tenant by suit in civil Court-Landlord renting out flab to wife of applicant-Applicant starting living in flat with his wife and continuing to do so for one and a half years-Landlord not objecting to such occupation of applicant-Basic question: whether in case of tenant vacating ho
1981 CLC 913 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
KARACHI TOOLS & HARDWARE MART VS NATIONAL MOTORS LTD., KARACHI Transfer of Property Act 1882--8 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , S. 13-A read with Transfer of Property Act (IV of 1882), S. 8Transfer of ownership-Industrial concern applying for ejectment of appellant (tenant) on grounds of default in payment of rent and personal need-Default proved-Government su
1981 CLC 913 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
KARACHI TOOLS & HARDWARE MART VS NATIONAL MOTORS LTD., KARACHI Transfer of Property Act 1882--8 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , S. 13-A read with Transfer of Property Act (IV of 1882), S. 8Transfer of ownership-Industrial concern applying for ejectment of appellant (tenant) on grounds of default in payment of rent and personal need-Default proved-Government su
1981 CLC 793 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
FAZAL AHMED VS MUHAMMAD ABDUL SHAKOOR West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(i)-Default-Discretion, exercise of-No agreement between parties about payment of rent-Landlord (appellant) previously accepting irregular payments of rent from tenant (respondent) without protest-Landlord rushing to Court and seeking eviction of tenant when rent for one month only could
1981 CLC 761 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
HABIBULLAH KHAN VS MAQBOOL AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(vi)-Requirement for reconstruction-Bona fides and good faith-Landlord seeking eviction for reconstruction-Landlord stating shop to be Katcha, in dangerous condition requiring reconstruction and also producing approved plan of Municipality-Bona fides and good faith held to be presumed for pur
1981 CLC 685 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
MOOSA VS OOMER Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--2 , S. 13 read with S. 2(j) (i)-eviction of tenant holding over-Land lord alleging subsequent execution of lease to be fraudulent-Tenant, however, holding over after expiry of original lease-Such tenant, held, can only be ejected by adopting course prescribed by Sind Rented Premises Ordinance, 1
1981 CLC 662 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
RAZIA WABID VS SHAH DIG West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction of tenant-Security deposit-Refund-Lease agreement manifesting intention of parties as to security deposit being in first instance applied for cost of repairs to house in question and providing for its refund on tenant's vacating house-Tenant not vacating house-Security deposit, held, not refund
1981 CLC 596 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
MUHMMAD YOUSAF VS ADAM ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Subletting - eviction - Tenant forming a new partner ship-Tenancy rights in premises in suit kept reserved for benefit of tenant in spite of partnership firm carrying on business in disputed premises - Entering into such partnership-Held, cannot amount to parting with possession of premises in questi
1981 CLC 592 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
AKBAR ALI VS ZOAIB ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--5 , S. 13 (2) (iv) & 5 (B)--eviction of tenant for reconstruction--Landlord, held, obliged after reconstruction to put tenant in possession of new premises as nearly as possible on same site as originally occupied by tenant-Landlord if given unrestricted dis
1981 CLC 592 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
AKBAR ALI VS ZOAIB ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--5 , S. 13 (2) (iv) & 5 (B)--eviction of tenant for reconstruction--Landlord, held, obliged after reconstruction to put tenant in possession of new premises as nearly as possible on same site as originally occupied by tenant-Landlord if given unrestricted dis
1981 CLC 551 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
AHMED SAEED VS HASHMI BEGUM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIIJ of 1958), S. 30-eviction of tenant-Partnership Jurisdiction-Appellant (tenant) admitting to have been paying rent for suit premises to predecessor-in-interest of respondents (landlords) before partnership and before t
1981 CLC 137 KARACHI-HIGH-COURT-SINDH
Sindh · 1981
MUSHTAQ AHMAD KHAN VS NASIMUR REHMAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)-Condo nation of delay-Rent not deposited within time given by Rent Controller-Tenant pleading sickness as ground for default-Medical certificate not showing sickness to be so serious as to prevent appellant from moving about-Appellant not even alleging to have had no other person to depo
1980 SCMR 834 SUPREME-COURT
Supreme Court · 1980
ABDUL AZIZ BEG VS MUSHTAQ AHMED SHEIKH West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13-Tenant undertaking to pay rent .inn -advance on first of each month-eviction application filed for default in, payment of rent during pendency of lease agreement, questions of tenant's default to be determined solely in light of covenant to pay rent in advance-Rent of September being pa
1980 SCMR 360 SUPREME-COURT
Supreme Court · 1980
ALLAH DITTA VS GHULAM NABI ALIAS NABI BAKHSH Punjab Tenancy Act 1887--50 , -- S. 50-Revenue authorities having found respondent to be not a tenant respondent not in position to file suit for. recovery of possession under S. 50-High Court in circumstances, held, could declare order of respondent's eviction to be without lawful authority-Constitution of Pakistan (1973), Art. 199.
1980 SCMR 138 SUPREME-COURT
Supreme Court · 1980
ABDUL QADUS VS ZARBAZ KHAN N.-W.F.P. Tenancy Act 1950--77 , -- S. 77, Second Group, item (i)-Suit by landlord for recovery of arrears of rent and eviction of tenant/lessee of agricultural land-Held, falls within jurisdiction of Revenue Court. -- S. 77, Second Group, item (i)-All courts below recording verdict against petitioner and holding him defaulter after attending to facts and circums
1980 SCMR 41 SUPREME-COURT
Supreme Court · 1980
ALLAH DITTA VS SHAHZADI BILQIS Eviction of tenant--TERM , ---S. 13 (2)(vi)-eviction of tenant-Requirement for reconstruction Building need not be so old and dilapidated as about to fall down before a landlord could be justified in wanting to demolish and reconstruct same-Every person possesses right to improve his property, utilize land underneath building in best and most profitable manne
1980 SCMR 27 SUPREME-COURT
Supreme Court · 1980
PLATINUM OIL CO. VS ANWAR ALI Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15(4)-eviction of tenant-Limitation-Tenant denying relationship of landlord and tenant between parties and such plea accepted by Rent Controller-Appellate Court on appeal by landlord remanding case
1980 SCMR 27 SUPREME-COURT
Supreme Court · 1980
PLATINUM OIL CO. VS ANWAR ALI Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15(4)-eviction of tenant-Limitation-Tenant denying relationship of landlord and tenant between parties and such plea accepted by Rent Controller-Appellate Court on appeal by landlord remanding case
1980 SCMR 27 SUPREME-COURT
Supreme Court · 1980
PLATINUM OIL CO. VS ANWAR ALI Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15(4)-eviction of tenant-Limitation-Tenant denying relationship of landlord and tenant between parties and such plea accepted by Rent Controller-Appellate Court on appeal by landlord remanding case
1980 SCMR 2 SUPREME-COURT
Supreme Court · 1980
HAJI MUHAMMAD VS MUHAMMAD RAFIQUE Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-eviction of tenant-Question of fact-Point whether shop sublet or not-A question of fact-Two Courts below concurrently holding against petitioner, such finding, held, ordinarily not to be taken exception to in Supreme Court unless any omission or misreading of evid
1980 SCMR 2 SUPREME-COURT
Supreme Court · 1980
HAJI MUHAMMAD VS MUHAMMAD RAFIQUE Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-eviction of tenant-Question of fact-Point whether shop sublet or not-A question of fact-Two Courts below concurrently holding against petitioner, such finding, held, ordinarily not to be taken exception to in Supreme Court unless any omission or misreading of evid
1980 PLD 298 SUPREME-COURT
Supreme Court · 1980
MUHAMMAD YOUSUF VS ABDULLAH West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 6, 7 & 13-Lease-Illegal stipulations-Lease deed stipulating landlord's (lessor's) entitlement to confiscate security deposit made by lessee in case of lessee's failure to pay rent for three consecutive months or if he failed to give vacant possession to lessor at time of termination of tenancy-Ordinan
1980 PLD 298 SUPREME-COURT
Supreme Court · 1980
MUHAMMAD YOUSUF VS ABDULLAH West Pakistan Urban Rent Restriction Ordinance 1959--6 , West Pakistan Urban Rent Restriction Ordinance 1959--7 , ~.-- Ss. 6, 7 & 13-Lease-Illegal stipulations-Lease deed stipulating landlord's (lessor's) entitlement to confiscate security deposit made by lessee in case of lessee's failure to pay rent for three consecutive months or if he failed to give vacant p
1980 PLD 206 SUPREME-COURT
Supreme Court · 1980
GHULAM NABI VS MUSHTAQ AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Contention that evidence, on remand of case, having been recorded contrary to provisions of Civil Procedure Code, 1908, rendered inadmissible-Provisions of Civil Procedure Code, 1908, held, not applicable in terms to proceedings before Rent Controller hence argument fallacious.
1980 SCMR 993 SUPREME-COURT
Supreme Court · 1980
MUHAMMAD RAFI VS MUHAMMAD SHARIF Cantonments Rent Restriction Act 1963--17 , Eviction proceedings--TERM , Landlord and Tenant--TERM , -- S. 17-eviction proceedings--Landlord and tenant-Contention that respondent having been declared landlord of petitioner without formally framing an issue on point proceedings deserved to be set aside-Held: Entire matter including circumstances in which res
1980 SCMR 993 SUPREME-COURT
Supreme Court · 1980
MUHAMMAD RAFI VS MUHAMMAD SHARIF Cantonments Rent Restriction Act 1963--17 , Eviction proceedings--TERM , Landlord and Tenant--TERM , -- S. 17-eviction proceedings--Landlord and tenant-Contention that respondent having been declared landlord of petitioner without formally framing an issue on point proceedings deserved to be set aside-Held: Entire matter including circumstances in which res
1980 SCMR 993 SUPREME-COURT
Supreme Court · 1980
MUHAMMAD RAFI VS MUHAMMAD SHARIF Cantonments Rent Restriction Act 1963--17 , Eviction proceedings--TERM , Landlord and Tenant--TERM , -- S. 17-eviction proceedings--Landlord and tenant-Contention that respondent having been declared landlord of petitioner without formally framing an issue on point proceedings deserved to be set aside-Held: Entire matter including circumstances in which res
1980 SCMR 906 SUPREME-COURT
Supreme Court · 1980
UMAR DIN VS FAZAL MUHAMMAD Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -----S. 13(2) (iii)-Material impairment of value or utility of building-eviction of tenant-Courts below concurrently recording finding of fact as to tenant having removed two doors between two rooms and having damaged its walls-Material impairment, held, shown and no ro
1980 SCMR 906 SUPREME-COURT
Supreme Court · 1980
UMAR DIN VS FAZAL MUHAMMAD Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -----S. 13(2) (iii)-Material impairment of value or utility of building-eviction of tenant-Courts below concurrently recording finding of fact as to tenant having removed two doors between two rooms and having damaged its walls-Material impairment, held, shown and no ro
1980 SCMR 886 SUPREME-COURT
Supreme Court · 1980
MUHAMMAD YUSUF VS ASGHAR HUSSAIN Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----------S. 13-Ejectment-Contractual tenancy--Tenant denying title and interest of landlord and relationship of landlord and tenant between parties-No specific and pointed denial in reply to ejectment application about default alleged and made basis of eviction--Tenant taking conve
1980 SCMR 886 SUPREME-COURT
Supreme Court · 1980
MUHAMMAD YUSUF VS ASGHAR HUSSAIN Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----------S. 13-Ejectment-Contractual tenancy--Tenant denying title and interest of landlord and relationship of landlord and tenant between parties-No specific and pointed denial in reply to ejectment application about default alleged and made basis of eviction--Tenant taking conve
1980 CLC 1561 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1980
NOWROZ KHAN VS HUSSAIN GUL West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 (3) (i) (a)-Bona fide requirement-Tenant replying to eviction notice of landlord and stating that "he has started looking for another accommodation..."-Bona fide requirement of landlord not doubted in circumstances-Contention that eviction application has been manipulated, held, not correct.
1980 CLC 44 PESHAWAR-HIGH-COURT
KPK · 1980
MUHAMMAD ALI VS ASKARI BEGUM Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--28 , -- O. XXI, r. 28 read with Cantonment Rent Restriction Act (XI of 1963), S. 17-eviction of tenant-Execution of decree-Powers of executing Court-House in dispute further dismantled and ceasing to have any existence during period when status quo ordered in favour of petitioner tenant
1980 CLC 44 PESHAWAR-HIGH-COURT
KPK · 1980
MUHAMMAD ALI VS ASKARI BEGUM Cantonments Rent Restriction Act 1963--17 , -- S. 17-eviction of tenant-eviction of petitioner sought on ground of premises being required to be used as an office of landlady's son and not on ground of its being in ruinous condition and requiring reconstruction-Application for restoration of possession by petitioner in circumstances, held, could not be rejected
1980 PLD 302 LAHORE-HIGH-COURT-LAHORE
Punjab · 1980
BASHIR AHMED VS NISAR AHMED West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)-Security amount adjustable towards rent-Held, to be taken into consideration while passing order under S. 13(6) or determining of default in-non-compliance of order. S. 13 and Civil Procedure Code (V of 1908); O. VII, r. 7-Cause of action--Maturing of cause of action during pendency of petition,
1980 PLD 302 LAHORE-HIGH-COURT-LAHORE
Punjab · 1980
BASHIR AHMED VS NISAR AHMED Civil Procedure Code --Order VII of C.P.C. Plaint--7 , S. 13 and Civil Procedure Code (V of 1908); O. VII, r. 7-Cause of action--Maturing of cause of action during pendency of petition, altogether different from accrual of fresh cause of action during pendency of appeal-Tenant subletting property during pendency' of petition-. fresh eviction petition for such ca
1980 CLC 2021 LAHORE-HIGH-COURT-LAHORE
Punjab · 1980
MUHAMMAD IRSHAD VS MUMTAZ HUSSAIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 30 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Protection under S. 30-Words and phrases-"Garage" falls within definition of term "house"-Person in occupation of house or a portion thereof-Held, entitl
1980 CLC 2021 LAHORE-HIGH-COURT-LAHORE
Punjab · 1980
MUHAMMAD IRSHAD VS MUMTAZ HUSSAIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 30 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Protection under S. 30-Words and phrases-"Garage" falls within definition of term "house"-Person in occupation of house or a portion thereof-Held, entitl
1980 CLC 1564 LAHORE-HIGH-COURT-LAHORE
Punjab · 1980
JANATAN BIBI VS SHAIQ HASSAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , =--- S. 13(6)-Deposit of arrears of rent-Final order of eviction passed by Rent Controller and matter pending before appellate Court--Order for deposit of arrears of rent under S. 13(6), held, cannot be pressed into service for striking off defence
1980 CLC 1414 LAHORE-HIGH-COURT-LAHORE
Punjab · 1980
MUHAMMAD YUSUF VS MUHAMMAD HASSAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S. 13-Ejectment sought by respondent-landlord on ground of personal requirement-Appellant-tenant on issue of relationship of landlord and tenant stating to have not paid any rent to respondent--Rent Controller ordering ejectment on ground of default-Rent Controller, held, fell in error in orderi
1980 CLC 1077 LAHORE-HIGH-COURT-LAHORE
Punjab · 1980
MUHAMMAD BASHIR VS MUHAMMAD IQBAL Evidence Act 1872--115 , -- S. 13 (2) and Evidence Act (I of 1872), S. 115--Ejectment- Default in payment of rent-Plea of estoppel-Landlord not conveying to tenant by words of mouth or otherwise his promise not to ask for his ejectment from premises in dispute for nonpayment of rent on monthly basis-Acceptance of rent by landlord at intervals, by itself, h
1980 CLC 1054 LAHORE-HIGH-COURT-LAHORE
Punjab · 1980
ZAHOOR-UL-HAQ VS HAZOOR SHAH West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction.-.Personal need-Only one landlord entering witness-box and other two landlords (one of them being a minor) sons of landlord appearing as witness not appearing in witness. box-Adverse finding in circumstances, held, cannot be recorded on issue of personal need on ground of other landlords h
1980 PLD 158 LAHORE-HIGH-COURT-LAHORE
Punjab · 1980
S.I.H. ZAIDI VS SHUJAHAT USMANI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S 13(6)-Ejectment-Controller, pending ejectment proceedings, called upon to exercise powers to strike off defence of tenant-Mere fact of Controller having recorded findings on issues framed by him- Does not mean that he had decided case and become functus o ficio-- Held, Controller cannot be said to h
1980 CLC 361 LAHORE-HIGH-COURT-LAHORE
Punjab · 1980
MAQBOOL AHMAD CHEEMA VS MUHAMMAD IKRAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --- Ss. 13 (2), (3), (6) & 15 (1), (4)-Ejectment- Appeal- Default in payment of rent - No order as to striking off defence or for eviction passed-First Appellate Court, held, rightly dismissed appeal as incompetent to view of law laid do
1980 CLC 361 LAHORE-HIGH-COURT-LAHORE
Punjab · 1980
MAQBOOL AHMAD CHEEMA VS MUHAMMAD IKRAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --- Ss. 13 (2), (3), (6) & 15 (1), (4)-Ejectment- Appeal- Default in payment of rent - No order as to striking off defence or for eviction passed-First Appellate Court, held, rightly dismissed appeal as incompetent to view of law laid do
1980 PLD 223 KARACHI-HIGH-COURT-SINDH
Sindh · 1980
BARKAT ALI VS SUGHRA West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)-eviction of tenant-Personal requirement of landlord Witness produced on behalf of landlords not stating as to what business landlords wished to start, whether they possessed means to start same and existing accommodation being insufficient for intended business-Witness merely stating to have been carryi
1980 CLC 1969 KARACHI-HIGH-COURT-SINDH
Sindh · 1980
YOUSUF VS GHULAM MUHAMMAD Code of Civil Procedure 1908--9 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 9 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 - Jurisdiction of civil Courts - eviction of licensee----Appellant neither tenant nor sub-tenant but licensee. West Pakistan Urban Rent Restriction Ordinance, 1959 held, not applicable for
1980 CLC 1969 KARACHI-HIGH-COURT-SINDH
Sindh · 1980
YOUSUF VS GHULAM MUHAMMAD Code of Civil Procedure 1908--9 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 9 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 - Jurisdiction of civil Courts - eviction of licensee----Appellant neither tenant nor sub-tenant but licensee. West Pakistan Urban Rent Restriction Ordinance, 1959 held, not applicable for
1980 CLC 1329 KARACHI-HIGH-COURT-SINDH
Sindh · 1980
ZAFFAR MAHMOOD VS MUHAMMAD SALEH Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 30 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Rights conferred by statute upon a transferee cannot be taken away as long as transfer subsists in his favour-Order of transfer in favour of transfe
1980 CLC 1329 KARACHI-HIGH-COURT-SINDH
Sindh · 1980
ZAFFAR MAHMOOD VS MUHAMMAD SALEH Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 30 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Rights conferred by statute upon a transferee cannot be taken away as long as transfer subsists in his favour-Order of transfer in favour of transfe
1980 CLC 1073 KARACHI-HIGH-COURT-SINDH
Sindh · 1980
MUJTABA KHAN VS MUHAMMAD UMER West Pakistan Urban Rent Restriction Ordinance 1959--15 , --- S. 15-Appellant landlord recovering rent in accumulated form periodically-Must necessarily be creating an impression in mind of respondent/tenant that rent was not to be paid every month Non-payment for three months only entitling eviction of tenant--Default, held, rightly held to be not delibetate
1980 CLC 1073 KARACHI-HIGH-COURT-SINDH
Sindh · 1980
MUJTABA KHAN VS MUHAMMAD UMER West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----- S. 13(2)(i)-Ejectment-Default in payment of rent-Except for a- rent receipt for four months tenant producing no other evidence to show that landlord agreed expressly or impliedly to collect rent in lump sum at fixed intervals-Rent Restriction Ordinance extending protection to tenants against evict
1980 CLC 997 KARACHI-HIGH-COURT-SINDH
Sindh · 1980
PUNHOON VS ABDUL WAHID West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(vi)-Ejectment---Reconstruction-Respondent/landlord producing plan, sanction letter and letter of extension of sanction for reconstruction of shopping centre on plot in suit-No allegation of respondent landlord having been motivated with any ulterior purpose to eject tenant-Appellant/tenant in his d
1980 CLC 915 KARACHI-HIGH-COURT-SINDH
Sindh · 1980
KEWALRAM VS ISMAIL BROTHERS West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2) (vi)-Ejectment--Personal requirement--Erection of new building-Sanction of Corporation for erection of building contemplated under cl. (vi)---Necessary before Rent Controller passes orders for eviction-No requirement of law for sanction to be obtained before making application under S. 13 (2).
1980 CLC 604 KARACHI-HIGH-COURT-SINDH
Sindh · 1980
FAHMEEDA JAHAN BEGUM VS VARINDAMAL West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3) (a)-eviction of tenant-Personal need-Landlord shown in occupation of other premises even though as tenant himself, held, must show such premises being unsuitable for his needs.
1980 CLC 161 KARACHI-HIGH-COURT-SINDH
Sindh · 1980
MRS. ALI AHMAD ANSARI VS CHIEF SETTLEMENT AND REHABILITATION , COMMISSIONER, LAHORE Pakistan Rehabilitation Act 1956--7 , -- S. 7 (21 (b) read with Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958), Ss. 3 & 29-eviction notice-Notice p-porting to be under S. 7 (2) (b), Pakistan Rehabilitation Act, 1956 addressed, to respondent on 7th April, 1960, date on which property
1979 SCMR 534 SUPREME-COURT
Supreme Court · 1979
ABDUR RAZAQ VS ABDUL HAMID Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13 read with Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958), S. 30-Scope of section-Premature application for ejectment-Section merely prohibits ejectment of tenant before expiry of period of six years and no
1979 SCMR 534 SUPREME-COURT
Supreme Court · 1979
ABDUR RAZAQ VS ABDUL HAMID Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13 read with Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958), S. 30-Scope of section-Premature application for ejectment-Section merely prohibits ejectment of tenant before expiry of period of six years and no
1979 SCMR 534 SUPREME-COURT
Supreme Court · 1979
ABDUR RAZAQ VS ABDUL HAMID West Pakistan General Clauses Act 1956--4 , West Pakistan General Clauses Act 1956--6 , .-- S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act, (XXVIII of 1958), S. 30 read with West Pakistan General Clauses Act (VI of 1956), S. 6, cf. (3) and S. 4, cf. (c)-Whether appeal could be dismissed on ground of S. 30 of Act 1958, being not relevant t
1979 SCMR 516 SUPREME-COURT
Supreme Court · 1979
ZAMIRUDDIN AHMAD VS AISHA ABBAS Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Notice--TERM , -- S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction of tenant-Notice served on tenant by registered post acknowledgment due clearly intimating property in dispute having been transferred to landlords by Settlement Departme
1979 SCMR 516 SUPREME-COURT
Supreme Court · 1979
ZAMIRUDDIN AHMAD VS AISHA ABBAS Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Notice--TERM , -- S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction of tenant-Notice served on tenant by registered post acknowledgment due clearly intimating property in dispute having been transferred to landlords by Settlement Departme
1979 SCMR 516 SUPREME-COURT
Supreme Court · 1979
ZAMIRUDDIN AHMAD VS AISHA ABBAS Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13-Default in payment of rent-eviction of tenant-Landlord when writing to tenants to pay rent @ Rs. 565 per month, Municipal Committee's assessment also being same-Tenant during pendency of ejectment proceedings in Rent Controller's Court applying for reduction of ren
1979 SCMR 516 SUPREME-COURT
Supreme Court · 1979
ZAMIRUDDIN AHMAD VS AISHA ABBAS Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13-Default in payment of rent-eviction of tenant-Landlord when writing to tenants to pay rent @ Rs. 565 per month, Municipal Committee's assessment also being same-Tenant during pendency of ejectment proceedings in Rent Controller's Court applying for reduction of ren
1979 SCMR 463 SUPREME-COURT
Supreme Court · 1979
SYED ZAIGHAM HUSSAIN VS SYED KAISAR HUSSAIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Notice--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction of tenants of evacuee premises-Notice-Service-All petitioners sons of allottee of premises and themselv
1979 SCMR 463 SUPREME-COURT
Supreme Court · 1979
SYED ZAIGHAM HUSSAIN VS SYED KAISAR HUSSAIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Notice--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction of tenants of evacuee premises-Notice-Service-All petitioners sons of allottee of premises and themselv
1979 SCMR 463 SUPREME-COURT
Supreme Court · 1979
SYED ZAIGHAM HUSSAIN VS SYED KAISAR HUSSAIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Notice--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction of tenants of evacuee premises-Notice-Service-All petitioners sons of allottee of premises and themselv
1979 SCMR 453 SUPREME-COURT
Supreme Court · 1979
ALMAS BEGUM VS FAZAL BAKHSH Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---- S. 13-eviction-No agreement between parties conferring status of tenant on predecessor-in-interest of petitioners-Agreement merely granting some time to vacate suit property and predecessor-in-interest of petitioners having to pay a specified amount per month for use and occupation o
1979 SCMR 453 SUPREME-COURT
Supreme Court · 1979
ALMAS BEGUM VS FAZAL BAKHSH Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---- S. 13-eviction-No agreement between parties conferring status of tenant on predecessor-in-interest of petitioners-Agreement merely granting some time to vacate suit property and predecessor-in-interest of petitioners having to pay a specified amount per month for use and occupation o
1979 SCMR 443 SUPREME-COURT
Supreme Court · 1979
MUHAMMAD SHAH ALAM VS MUHAMMAD ABDUL GHAFOOR Eviction of tenant--TERM , --- S. 13-eviction of tenant-Conduct of tenant found to be inequitable' denying title of landlord wholly contumaciously-Tenant in circumstances, held disentitled himself from seeking equitable relief in eviction proceedings.
1979 SCMR 443 SUPREME-COURT
Supreme Court · 1979
MUHAMMAD SHAH ALAM VS MUHAMMAD ABDUL GHAFOOR West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-eviction of tenant-Contention that landlord in eviction application having stated petitioner to have failed to pay him rent since April, 1970 but having stated in his evidence before Court with regard to payment of rent as having been paid up to 1970 and such contradiction having
1979 SCMR 338 SUPREME-COURT
Supreme Court · 1979
AHSANUL HAQ VS ABDUL RAHIM Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13 (3) (a)-eviction of tenant-Reconstruction of premises Property m dispute very old and local authorities sanctioning plan for its reconstruction-Concurrent findings on point being amply supported by evidence, no case, held, made out for re-examining findings of three Cour
1979 SCMR 338 SUPREME-COURT
Supreme Court · 1979
AHSANUL HAQ VS ABDUL RAHIM Code of Civil Procedure 1908--99 , ---S. 13 (3) (a) read with Civil Procedure Code (V of 1908), S. 99Plea regarding provisions of Civil Procedure Code, 1908 being applicable to cases under Ordinance VI of 1959-Misconceived-Provisions of Civil Procedure Code, 1908 even if supposed to be so applicable, plea, held, would be hit by S. 99 of such Code and order of evi
1979 SCMR 338 SUPREME-COURT
Supreme Court · 1979
AHSANUL HAQ VS ABDUL RAHIM Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13 (3) (a)-eviction of tenant-Reconstruction of premises Property m dispute very old and local authorities sanctioning plan for its reconstruction-Concurrent findings on point being amply supported by evidence, no case, held, made out for re-examining findings of three Cour
1979 SCMR 297 SUPREME-COURT
Supreme Court · 1979
SUBAH SAKIQ ETC. VS MISTRY TAJ DIN ETC. Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -----S. 13(3), (ii)-Ejectment proceedings-eviction application filed 12 years ago on ground of respondent's personal requirement of shop but when examined by Court 7/8 years later, seeking eviction for running business by his son-Discrepancy between respondent's e
1979 SCMR 297 SUPREME-COURT
Supreme Court · 1979
SUBAH SAKIQ ETC. VS MISTRY TAJ DIN ETC. Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -----S. 13(3), (ii)-Ejectment proceedings-eviction application filed 12 years ago on ground of respondent's personal requirement of shop but when examined by Court 7/8 years later, seeking eviction for running business by his son-Discrepancy between respondent's e
1979 SCMR 256 SUPREME-COURT
Supreme Court · 1979
ABDUL HAKIM VS ABDUL AZIZ Appreciation of Evidence--TERM , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , -- Ss. 13 & 17-Ejectment proceedings-Appreciation of evidence Petition for leave proceeding on argument that eviction application having expressly referred to one out of two shops in poss
1979 SCMR 256 SUPREME-COURT
Supreme Court · 1979
ABDUL HAKIM VS ABDUL AZIZ Appreciation of Evidence--TERM , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , -- Ss. 13 & 17-Ejectment proceedings-Appreciation of evidence Petition for leave proceeding on argument that eviction application having expressly referred to one out of two shops in poss
1979 SCMR 256 SUPREME-COURT
Supreme Court · 1979
ABDUL HAKIM VS ABDUL AZIZ Appreciation of Evidence--TERM , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , -- Ss. 13 & 17-Ejectment proceedings-Appreciation of evidence Petition for leave proceeding on argument that eviction application having expressly referred to one out of two shops in poss
1979 SCMR 256 SUPREME-COURT
Supreme Court · 1979
ABDUL HAKIM VS ABDUL AZIZ Appreciation of Evidence--TERM , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , -- Ss. 13 & 17-Ejectment proceedings-Appreciation of evidence Petition for leave proceeding on argument that eviction application having expressly referred to one out of two shops in poss
1979 SCMR 159 SUPREME-COURT
Supreme Court · 1979
MUHAMMAD MUNAWAR VS KHURSHID ALAM Code of Civil Procedure 1908--152 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 152-Correction of accidental errors-Landlord in his eviction application mentioning suit property to be bearing No. P-24 consisting of a shop and a residential apartment - above-No objection to such description taken by petitioner tenant and petitioner corre
1979 SCMR 159 SUPREME-COURT
Supreme Court · 1979
MUHAMMAD MUNAWAR VS KHURSHID ALAM Code of Civil Procedure 1908--152 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 152-Correction of accidental errors-Landlord in his eviction application mentioning suit property to be bearing No. P-24 consisting of a shop and a residential apartment - above-No objection to such description taken by petitioner tenant and petitioner corre
1979 SCMR 157 SUPREME-COURT
Supreme Court · 1979
NOOR MUHAMMAD QURESHI VS THE DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS QUETTA Constitution of Pakistan 1973--185 , ----Art. 185(3)-Contention that summary eviction of petitioners from space allotted to petitioners at Railway Station for storage and loading of coal would mean their financial ruination and so they should be allowed reasonable time to arrange their affairs-Prayer of such ki
1979 PLD 887 SUPREME-COURT
Supreme Court · 1979
HAKAM DIN VS MUHAMMAD IRSHAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 17?Registration?So?called partnership deed not by itself purporting to transfer shop in dispute to respondent (landlord) but only reciting result of some arrangement leading to take over of shop by its outgoing partner (respondent landlord) by acknowledging his previous title?Deed, in circumstances, h
1979 PLD 887 SUPREME-COURT
Supreme Court · 1979
HAKAM DIN VS MUHAMMAD IRSHAD West Pakistan Urban Rent Restriction Ordinance 1959--13-A , Ss. 13 & 13-A-eviction-Change of ownership-Notice--Firm owning shop itself admitting shop in question belonging to and taken over by respondent (landlord) while going out of partnership--Question being between, firm and respondent and firm having acknowledged and accepted previous title of respondent a
1979 PLD 843 SUPREME-COURT
Supreme Court · 1979
MRS. GOOL VS MRS. NASIM A RAHMAN Constitution of Pakistan 1973--185 , Art. 185 (3) read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii) -Leave to appeal-Points raised Whether property if falling within category of non-residential building could be got vacated from tenant when landlady required it in good faith for her own use or for use of her male childre
1979 PLD 843 SUPREME-COURT
Supreme Court · 1979
MRS. GOOL VS MRS. NASIM A RAHMAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , Art. 185 (3) read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii) ?Leave to appeal?Points raised Whether property if falling within category of non?residential building could be got vacated from tenant when landlady required it in good faith for her own use or for us
1979 PLD 157 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1979
RAZIA BUTT VS GHULAM RAZA West Pakistan Urban Rent Restriction Ordinance 1959--13-A , S. 13 read with S. 13-A-Notice to tenant-Section 13-A-Lays down a plenary rule-Section does not make any exception in case of statutory landlords, viz., other than owners-Statutory landlords-Do not step into shoes of owners, their title being limited to receive rent only--Section 13-A requiring intimation
1979 PLD 118 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1979
MERAJ-UD-DIN VS ABDUL GHAFOOR RISHI Code of Civil Procedure 1908--100 , Code of Civil Procedure 1908--2 , Code of Civil Procedure 1908--96 , S. 3 and Civil Procedure Code (V of 1908), S. 2 read with Ss. 96 & 100-Word "Decree"-Meaning-Appeal, right of-Right of appeal in dependently provided by Ss. 96 & 100 and not at all by S. 2--Decree appealable in scheme of Civil Procedure Code, 1908-Nee
1979 PLD 118 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1979
MERAJ-UD-DIN VS ABDUL GHAFOOR RISHI Code of Civil Procedure 1908--115 , S. 3 read with Civil Procedure Code (V of 1908), S. 115Revision-Appeal against order of eviction of tenants though not available under Regulation, yet, held, revision to High Court or District Judge under S. 115 of Civil Procedure Code, 1908, competent.-[Appeal (civil)-Revision (civil).
1979 PLD 444 LAHORE-HIGH-COURT-LAHORE
Punjab · 1979
RIFAQAT ALI VS MUHAMMAD BASHIR QURESHI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)-Ejectment on ground of default in payment of rent-Acceptance by landlord of rent at long intervals-Cannot imply that landlord had made tenant believe that rent was not payable by him every month-Such conduct of landlord, in absence of definite proof to contrary, cannot automatically at
1979 PLD 132 LAHORE-HIGH-COURT-LAHORE
Punjab · 1979
FARHATULLAH KHAN VS MUSTAFA ALI KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15 read with S. 13-Appeal from an order rejecting an application to set aside ex parte order of eviction-field, competent under S. 15[Mst. Asghari Begum and another v. Fazal flag and others S. A. O. . No. 238 of 1967 ; Siraj Din v. Mst.
1979 CLC 419 LAHORE-HIGH-COURT-LAHORE
Punjab · 1979
MAROOF SULTANA VS AGHA RAZA Cantonments Rent Restriction Act 1963--24 , Constitution of Pakistan 1973--199 , Art. 199 read with Cantonment Rent Restriction Act (XI of 1963), S. 24-Jurisdiction-Appeal against order of eviction by Rent Controller-Can be heard and decided only by District Judge and not by Additional District Judge-Case remanded to District Judge for deciding appeal afresh acc
1979 CLC 419 LAHORE-HIGH-COURT-LAHORE
Punjab · 1979
MAROOF SULTANA VS AGHA RAZA Cantonments Rent Restriction Act 1963--24 , Constitution of Pakistan 1973--199 , Art. 199 read with Cantonment Rent Restriction Act (XI of 1963), S. 24-Jurisdiction-Appeal against order of eviction by Rent Controller-Can be heard and decided only by District Judge and not by Additional District Judge-Case remanded to District Judge for deciding appeal afresh acc
1979 CLC 229 LAHORE-HIGH-COURT-LAHORE
Punjab · 1979
BAKHTAWAR VS GHULAM RASUL Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , O. XXXIX, r. 1-Injunction-Stay of proceedings-Pendency of 3 suit, challenging transfer of portion of property-No ground for staying proceedings of eviction of tenants brought by co-owner particularly on ground of default-West Pakistan Urban Rent Restriction Ordinance (
1979 CLC 159 LAHORE-HIGH-COURT-LAHORE
Punjab · 1979
ALI HASAN VS BASHIR AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6), (8)-Tenant failing to deposit rent in pursuance of direction of Rent Controller-=Controller can strike off such tenant's defence without finally determining amount of rent payable to landlord Final determination of amount of rent payable to landlord-Held, not necessary before ordering tenant's evi
1979 CLC 62 LAHORE-HIGH-COURT-LAHORE
Punjab · 1979
SOHRAB KHAN VS ABDUL JALIL West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction for default---Tenant given protection against eviction subject to his complying with obligation of payment or tender of rent regularly-Default, if committed without any just cause liability of eviction entails--Tenant admittedly committing default of no less a period than 8 months-Exercise o
1979 PLD 877 LAHORE-HIGH-COURT-LAHORE
Punjab · 1979
KHURSHID AHMAD KHAN VS ABU SAEED KHAN Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Civil Procedure Code (V of 1908), O. IX, r. 13Ex parte order, setting aside of-Recalling of ex parte order of eviction and direction relating to restoration of possession, held
1979 PLD 877 LAHORE-HIGH-COURT-LAHORE
Punjab · 1979
KHURSHID AHMAD KHAN VS ABU SAEED KHAN Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Civil Procedure Code (V of 1908), O. IX, r. 13Ex parte order, setting aside of-Recalling of ex parte order of eviction and direction relating to restoration of possession, held
1979 PLD 597 KARACHI-HIGH-COURT-SINDH
Sindh · 1979
GHULAM BAHAUDDIN QURESHI VS HAWA BAI Civil Procedure Code --Order III of C.P.C. Recognized Agents and Pleaders--1 , Civil Procedure Code --Order IV of C.P.C. Institution of Suits--1 , Civil Procedure Code --Order VI of C.P.C. Pleading Generally--1 , S. 13 read with Civil Procedure Code (V of 1908), Os. III, IV & VI---Orders IV & VI of Civil Procedure Code, 1908-Do not apply to proceedings
1979 PLD 597 KARACHI-HIGH-COURT-SINDH
Sindh · 1979
GHULAM BAHAUDDIN QURESHI VS HAWA BAI Civil Procedure Code --Order III of C.P.C. Recognized Agents and Pleaders--1 , Civil Procedure Code --Order IV of C.P.C. Institution of Suits--1 , Civil Procedure Code --Order VI of C.P.C. Pleading Generally--1 , S. 13 read with Civil Procedure Code (V of 1908), Os. III, IV & VI---Orders IV & VI of Civil Procedure Code, 1908-Do not apply to proceedings
1979 PLD 597 KARACHI-HIGH-COURT-SINDH
Sindh · 1979
GHULAM BAHAUDDIN QURESHI VS HAWA BAI Civil Procedure Code --Order III of C.P.C. Recognized Agents and Pleaders--1 , Civil Procedure Code --Order IV of C.P.C. Institution of Suits--1 , Civil Procedure Code --Order VI of C.P.C. Pleading Generally--1 , S. 13 read with Civil Procedure Code (V of 1908), Os. III, IV & VI---Orders IV & VI of Civil Procedure Code, 1908-Do not apply to proceedings
1979 PLD 462 KARACHI-HIGH-COURT-SINDH
Sindh · 1979
A.M. BAIG VS ASSISTANT COMMISSIONER & FIRST CLASS MAGISTRATE COURT NO VI (EAST) KARACHI West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968--7 , West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968--S.O. 16 , S. O. 16 read with S. 7(5)-eviction of employee from residential premises-Sanction or permission of Inspector under S. 7
1979 PLD 167 KARACHI-HIGH-COURT-SINDH
Sindh · 1979
GHULAM HYDER VS MUHAMMAD HANEEF West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(5)(b)?Possession, restoration of?Subsection (5)(b) of S. 13, held, does not require tenant's making specific plea for being put into possession of shop constructed on site of old shop. S. 13(5)(b) (as amended by Ordinance XXI of 1965)?Subsection (5) of S. 13 prospective even though proceedings f
1978 SCMR 89 SUPREME-COURT
Supreme Court · 1978
KHUDA BAKHSH VS MUHAMMAD HABIB SHAH HASHMI West Pakistan Urban Rent Restriction Ordinance 1959--13 , - S. 13(3)---House consisting of four rooms whilst landlord having eight children and six of them adults even eight years ago--Likely for all children to have been adults by time of filing of eviction application-Landlord having proved six of his children to have been adults and one of them
1978 PLD 68 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1978
KHURSHI VS ABDUL HADI West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 4,10, 12, 13, 14 & 15(1)?Appeal??Rejection of an application in pursuance of principle laid down in S. 14?Does not make such order of rejection an order under S. 14?Application for determination of fair rent, or restoration of amenities enjoyed by tenant, or for permission to tenant to carry out repairs, or
1978 PLD 56 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1978
ABDUL BAQI VS MUZAFFAR ALI KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 4,10, 12, 13, 14 & 15(1)?Appeal??Rejection of an application in pursuance of principle laid down in S. 14?Does not make such order of rejection an order under S. 14?Application for determination of fair rent, or restoration of amenities enjoyed by tenant, or for permission to tenant to carry out r
1978 PLD 56 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1978
ABDUL BAQI VS MUZAFFAR ALI KHAN West Pakistan Urban Rent Restriction Ordinance 1959--10 , West Pakistan Urban Rent Restriction Ordinance 1959--12 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--4 , Ss. 4,10, 12, 13, 14 & 15(1)-Appeal--Rejection of an application in pur
1978 PLD 488 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
MRS. FEFOZ ASLAM VS MUHAMMAD AKHTAR West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15-Appeal-Landlord's application for eviction of tenant not finally disposed of-Landlord having right of appeal in event of final orders being passed on his application entitled to challenge in such appeal all interlocutory orders not independently appealable under S. 15-Interlocutory order pas
1978 PLD 435 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
FAZAL MUHAMMAD VS ROSHAN DIN West Pakistan Urban Rent Restriction Ordinance 1959--15 , S.15(4)-Interlocutory order-Appeal-Order of Rent Controller setting aside ex parts order of eviction of tenant-Held, not appealable.-[Appeal (civil)].
1978 PLD 28 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
WEST PAKISTAN COOPERATIVE CONSUMER SOCIETY, LAHORE VS MUHAMMAD FAROOQ & BROS West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--7 , S. 13 read with S. 7-Tenant depositing a security of Re. 10,000 with landlord to off set a demand for increase in rent from Rs. 1,000 to Ra. 1:500 p. m.-Such security, besides being in contravention,
1978 PLD 347 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
MST. AKHTAR SULTANA VS DR. ABDUR RAUF NAGI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2) (iii)-Material impairment of utility of building-eviction of tenant-Word "utility" in cl. (iii) of S. 13(2)---Used in its general sense for usefulness and profitableness -Structure in building under lease no materially changed by tenant as to render it beyond recognition--Present u
1978 PLD 333 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
HAKIM DIN VS MUHMMAD IRSHAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3) (a) read with S. 2(e,)-eviction of tenant--Landlord means person entitled to receive rent, whether on his own account or on behalf of or for benefit of any other person-Step taken over by respondent on reconstitution of firm and for all practical purposes management of shop made over to him, enti
1978 PLD 333 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
HAKIM DIN VS MUHMMAD IRSHAD West Pakistan Urban Rent Restriction Ordinance 1959--2 , S. 13(3) (a) read with S. 2(e,)-eviction of tenant--Landlord means person entitled to receive rent, whether on his own account or on behalf of or for benefit of any other person-Step taken over by respondent on reconstitution of firm and for all practical purposes management of shop made over to him, entit
1978 PLD 1076 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
MUHMMAD ISMAIL VS LAL DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13(3), (a), (b) & 15, Explanation, read with Civil Procedure Code (V of 1908), S. 100-.Second appeal-Considerations for assessment of evidence under S. 15 read with Explanation-Same as under S. 100, Civil Procedure Code, 1908 -Both Courts below giving concurrent finding of fact regarding respondent land
1978 PLD 1076 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
MUHMMAD ISMAIL VS LAL DIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , S. 30(I)(b) & (3)(ii)-Protection against eviction-Tenant owning a house of his own within municipal limits of same town where house in dispute lay-Provisions of S. 30(I)(b), held, not attracted to such case where house bona fide required by landlord for his personal use and occupation.
1978 PLD 815 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
MUHAMMAD YOUSAF VS MUHAMMAD AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (1) (i)-Change in terms and conditions of tenancy, plea of Contention of change in terms and conditions of tenancy with regard to monthly payments-Tenant if used to tender rent in time and landlord used to refuse to accept tender and thereafter tenant would send rent through money order-Conten
1978 PLD 815 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
MUHMMAD YOUSAF VS HAKIM MUHAMMAD AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)(a)(ii), proviso-Agreement for continuance of tenancy for a specified number of years-eviction of tenant-Agreement between parties for further continuance of tenancy for a period of 5 years, rent payable at enhanced rate, tenant to vacate shop on expiry of period of 5 years-Parties diff
1978 PLD 803 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
LADY DR. S. B. ZAMA VS KHALID FAROOQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (1) & (2)-Ejectment-Sub-Ss. (1) & (2) of S. 13-Do not make any distinction between one type of building and another Occupant of scheduled building-Enjoys no protection against eviction if found liable to eviction on any of grounds mentioned in sub-S. (2) of S. 13.Ss. 13(1) & (2) & 2(a)-Ejec
1978 PLD 728 LAHORE-HIGH-COURT-LAHORE
Punjab · 1978
HAJI FAZAL HUSSAIN VS MISTRI TAJ DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 15(4}-Ejectment on ground of personal requirement by landlord-Concurrent finding of Courts below on subject-Cannot be upset in second appeal.-(Second appeal]. Ss.13 & 15(4)-Ejectment--Intention of landlord to demolish shop and reconstruct same standing independently, established on recor
1978 PLD 188 KARACHI-HIGH-COURT-SINDH
Sindh · 1978
MUSHTAQ AHMAD VS MUMTAZ ZOHRA RIZVI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3) read wit:: General Clauses Act (X of 1897), S. 2(27)Ejectment on ground of landlord's own bona fide requirement in good faith?Expression "good faith"?Definition?Words "bona fide" ; "'male fides" ??Meaning?Jurisdiction of Controller to order eviction on ground of landlord's requirement?Hel
1978 PLD 188 KARACHI-HIGH-COURT-SINDH
Sindh · 1978
MUSHTAQ AHMAD VS MUMTAZ ZOHRA RIZVI General Clauses Act 1897--2 , S. 13(3) read wit:: General Clauses Act (X of 1897), S. 2(27)Ejectment on ground of landlord's own bona fide requirement in good faith-Expression "good faith"-Definition-Words "bona fide" ; "'male fides" --Meaning-Jurisdiction of Controller to order eviction on ground of landlord's requirement-Held, dependent on his satisfac
1977 PLD 442 SUPREME-COURT
Supreme Court · 1977
ABDUL AZIZ VS MUHAMMAD IBRAHIM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)(a)(ii) (b) -eviction of tenant-Landlord's requirement Words and phrases-Expression "any other such building" in sub-cl. (ii)(b)-Word "building" in expression-Means building owned by landlord-Requirement of subsection 3(a)(it)(b)-Held: Does not extend to cover rented premises.-[Words and phrase
1977 PLD 80 PESHAWAR-HIGH-COURT
KPK · 1977
BADAR & BROTHERS (ARMS A AMMUNITIONS DEALERS), PESHAWAR VS MUHAMMAD ASLAM Cantonments Rent Restriction Act 1963--17 , --- S. 17(2), cl, (vi)-Ejectment-Requirement of S. 17(2), ct. (vi): Landlord merely to obtain necessary sanction for demolition and construction from Cantonment Board-Not incumbent on landlord seeking eviction of tenant to attach approved plan with his application for eject
1977 PLD 532 LAHORE-HIGH-COURT-LAHORE
Punjab · 1977
MANSOOR AHMAD VS BASHIR HUSSAIN BABRI West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13(3)(a)(1)-Tenant, eviction of-Contention that eviction application was premature inasmuch according to terms of written agreement period of tenancy had to expire on 30-4-75 while application for eviction moved on 28-4-75-No evidence showing notice of application having been issued and/or
1977 PLD 676 LAHORE-HIGH-COURT-LAHORE
Punjab · 1977
MUHAMMAD UMAR VS MUHAMMAD YOUSAF West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction of tenant-Notice under' S. 30 served upon appellant on 26-2-69 and appellant required under law to pay entire rent within 90 days but appellant depositing rent for January 1969 on 2-6-69-Appel
1977 PLD 676 LAHORE-HIGH-COURT-LAHORE
Punjab · 1977
MUHAMMAD UMAR VS MUHAMMAD YOUSAF Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , -- S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction of tenant-Landlord and tenant, relationship of-Proviso (b) to subsection (1) of S. 30 only places embargo upon right of landlord transferee to eject tenant for 6 years counted from dat
1977 PLD 662 LAHORE-HIGH-COURT-LAHORE
Punjab · 1977
MUHAMMAD AFZAL KHAN VS ZAREENA AKRAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-Landlord and tenant-Relationship of-Determination of question necessary to confer jurisdiction on Rent Controller -Decision of question, however, held, not necessarily to be made by framing an issue and trying it as formally as civil Courts do.S. 13-Admission by one tenant-All tenants joint
1977 PLD 460 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
BAGH-E-SHAH VS MUHAMMAD AKHTAR HUSSAIN Contract Act 1872--196 , Contract Act 1872--231 , Contract Act 1872--232 , Transfer of Property Act 1882--8 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , S. 13 read with S. 2 (c), Contract Act (IX of 1872), Ss. 196, 231 & 232 and Transfer of Property Act (IV of 1882), S. 8-eviction of tenant- Contention that premises having been admittedl
1977 PLD 460 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
BAGH-E-SHAH VS MUHAMMAD AKHTAR HUSSAIN Contract Act 1872--196 , Contract Act 1872--231 , Contract Act 1872--232 , Transfer of Property Act 1882--8 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , S. 13 read with S. 2 (c), Contract Act (IX of 1872), Ss. 196, 231 & 232 and Transfer of Property Act (IV of 1882), S. 8-eviction of tenant- Contention that premises having been admittedl
1977 PLD 460 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
BAGH-E-SHAH VS MUHAMMAD AKHTAR HUSSAIN Contract Act 1872--196 , Contract Act 1872--231 , Contract Act 1872--232 , Transfer of Property Act 1882--8 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , S. 13 read with S. 2 (c), Contract Act (IX of 1872), Ss. 196, 231 & 232 and Transfer of Property Act (IV of 1882), S. 8-eviction of tenant- Contention that premises having been admittedl
1977 PLD 460 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
BAGH-E-SHAH VS MUHAMMAD AKHTAR HUSSAIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?eviction of tenant?Master and servant, determination of relationship of?To hold that plea as to existence of relationship of master and servant even if raised indirectly and unsubstantially must be decided by Rent Controller as preliminary issue?Amounts to stretching technicalities too fa
1977 PLD 305 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
MUHAMMAD UMER VS DR. AMINA ASHRAF West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15-Landlord during pendency of his application for eviction of appellants tenants transferring tenement by sale to respondent, respondent applying for substitution of her name in place of previous landlord, such application rejected by Rent Controller but accepted on appeal by District Judg
1977 PLD 285 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
MUHAMMAD HUSSAIN VS GHULAM ALI West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 13-Tenant, eviction of-Rent of tenement fixed at Rs. 115 p.m. but landlord demanding it at the rate of Rs. 250 p.m. Tenant always ready to pay rent @ Rs. 100 p.m.-Tenant claiming deduction of Re. 15 p.m. towards adjustment of Rs. 3,000 deposited with previous landlord-Case at worse one of bona fide
1977 PLD 285 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
MUHAMMAD HUSSAIN VS GHULAM ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?Tenant, eviction of?Rent of tenement fixed at Rs. 115 p.m. but landlord demanding it at the rate of Rs. 250 p.m. Tenant always ready to pay rent @ Rs. 100 p.m.?Tenant claiming deduction of Re. 15 p.m. towards adjustment of Rs. 3,000 deposited with previous landlord?Case at worse one of bona fide
1977 PLD 943 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
HERO VS HANIF West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)?eviction of tenant?Lsrdlord and tenant, determination of relationship as preliminary issue?Relationship of landlord and "" tenant between parties not disputed before Rent Controller and fact of tenant appellant having himself filed application against landlord
1977 PLD 901 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
JAMIL AHMED VS SYED MUHAMMAD ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 17, 15 & 13 read with Civil Procedure Code (V of 1908), S. 151?eviction of tenant?Execution of decree?Even assuming that on appeal being taken to higher Court execution application filed in Rent Controller's Court did not revive, landlord's application under S. 151, C. P. C., held, could be treat
1977 PLD 901 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
JAMIL AHMED VS SYED MUHAMMAD ALI West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , Ss. 17. 15 & 13-eviction of tenant-Execution of decree-Order to be executed by civil Court: One made by Rent Controller under S. 13 as confirmed, modified, or varied on appeal under S. 15-Original order of Rent Controller-Does not become merge
1977 PLD 901 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
JAMIL AHMED VS SYED MUHAMMAD ALI Code of Civil Procedure 1908--151 , Ss. 17, 15 & 13 read with Civil Procedure Code (V of 1908), S. 151-eviction of tenant-Execution of decree-Even assuming that on appeal being taken to higher Court execution application filed in Rent Controller's Court did not revive, landlord's application under S. 151, C. P. C., held, could be treated as a fresh applicat
1977 PLD 853 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
MUHAMMAD ASHFAQ VS MUHAMMAD TAHIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30?eviction for default in payment of rent?Mere pendency of dispute in Settlement Department between landlord and tenant?Would not condone default by tenant in payment of rent.
1977 PLD 853 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
MUHAMMAD ASHFAQ VS MUHAMMAD TAHIR Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , S. 13(2) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-eviction for default in payment of rent-Mere pendency of dispute in Settlement Department between landlord and tenant-Would not condone default by tenant in payment of rent.
1977 PLD 80 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
HONEST TRADING CO., KARACHI VS MUHAMMAD NISA West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(3) & 15(4)-Ejectment for landlord's personal use or for use of male children-Requirement of law : landlord or his male children should not have suitable premises in same urban area-eviction of tenant from shop sought for use of landlord's male children-Words "for the use of his mal
1977 PLD 80 KARACHI-HIGH-COURT-SINDH
Sindh · 1977
HONEST TRADING CO., KARACHI VS MUHAMMAD NISA West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13(3) & 15(4)?Ejectment for landlord's personal use or for use of male children?Requirement of law : landlord or his male children should not have suitable premises in same urban area?eviction of tenant from shop sought for use of landlord's male children?Words "for the use of his mal
1976 SCMR 457 SUPREME-COURT
Supreme Court · 1976
MRS. I. KHAN VS CONTROLLER OF RENTS Cantonments Rent Restriction Act 1963--17 , --- S. 17-eviction of tenant-Compromise by attorney-Decision on special oath - Question whether compromise entered into bar respondent attorney resulted out of collusion between him and another-A question of fact, not to be pressed for decision in Supreme Court in leave to appeal proceedings----Petitioner (tena
1976 SCMR 445 SUPREME-COURT
Supreme Court · 1976
LAL DIN VS MUHAMMAD ASHRAF Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 read with Displaced Person:- (Compensation and Rehabilitation) Act (XXVIII of 1955), S. 30--eviction of tenant-Notice, service of-Notices sent by registered post and first petitioner collecting second petitioner's notice and signin
1976 SCMR 445 SUPREME-COURT
Supreme Court · 1976
LAL DIN VS MUHAMMAD ASHRAF Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 read with Displaced Person:- (Compensation and Rehabilitation) Act (XXVIII of 1955), S. 30--eviction of tenant-Notice, service of-Notices sent by registered post and first petitioner collecting second petitioner's notice and signin
1976 SCMR 442 SUPREME-COURT
Supreme Court · 1976
MUHAMMAD SHARIF VS ZUBAIDA BEGUM Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 185(3)-Leave to appeal to Supreme Court--Tenant's appeals dismissed by first and second appellate Courts as barred by time Petition fear leave to appeal also barred by 21 days-Petitioner tenant appearing to adopt dilatory tactics to obstruct disposal of ap
1976 SCMR 442 SUPREME-COURT
Supreme Court · 1976
MUHAMMAD SHARIF VS ZUBAIDA BEGUM Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Art. 185(3)-Leave to appeal to Supreme Court--Tenant's appeals dismissed by first and second appellate Courts as barred by time Petition fear leave to appeal also barred by 21 days-Petitioner tenant appearing to adopt dilatory tactics to obstruct disposal of ap
1976 SCMR 423 SUPREME-COURT
Supreme Court · 1976
SHER ZAMAN VS STATE Pakistan Penal Code 1860--307 , Pakistan Penal Code 1860--392 , --- S. 17-eviction of tenant-Compromise by attorney-Decision on special oath - Question whether compromise entered into bar respondent attorney resulted out of collusion between him and another-A question of fact, not to be pressed for decision in Supreme Court in leave to appeal proceedings----Petitioner (
1976 SCMR 52 SUPREME-COURT
Supreme Court · 1976
ABDUL SALAM AKHTAR VS NAJAM PARVEZ West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13--eviction of tenant sought by landlord on aground of personal need-Personal need include need of those dependent on him including needs of family members (e. g. need of a disabled brother)-Landlord occupying a rented premises-Entitled to get his own premises vacated for his own occupation.
1976 PLD 422 SUPREME-COURT
Supreme Court · 1976
AYUB KHAN VS FAZAL HAQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?Ejectment?Order of eviction based on evidence produced by landlord?No argument advanced to show order being not supported by evidence?Order, held, must be assumed to be based on evidence: sufficient to support eviction. ? S.13 read with Civil Procedure Code (V of 1908), O. V, r. 17?Service by affixation?
1976 PLD 422 SUPREME-COURT
Supreme Court · 1976
AYUB KHAN VS FAZAL HAQ Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , Settlement Scheme No. V--TERM , S. 13 read with Civil Procedure Code (V of 1908), O. IX, r. 13 Ex parte order, setting aside of-Contention that tenants at all stages alleged service having been fraudulently effected, and fraud vitiating all proceedings, tenants-app
1976 PLD 422 SUPREME-COURT
Supreme Court · 1976
AYUB KHAN VS FAZAL HAQ Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , Settlement Scheme No. V--TERM , S. 13 read with Civil Procedure Code (V of 1908), O. IX, r. 13 Ex parte order, setting aside of-Contention that tenants at all stages alleged service having been fraudulently effected, and fraud vitiating all proceedings, tenants-app
1976 PLD 1463 LAHORE-HIGH-COURT-LAHORE
Punjab · 1976
GHULAM MUHAMMAD VS MUNICIPAL COMMITTEE, KAMOKE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 -----S. 13(3)(a)(i)(b)-Ejectment - Landlord, requirement of-House occupied by landlord at time of proceedings under Ordinance not owned by him but a rented one--Appellant-landlord at time of renting house found to have undertaken to va
1976 PLD 62 LAHORE-HIGH-COURT-LAHORE
Punjab · 1976
ALLAH WASAYA VS SULTAN AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13?Word "landlord"?Interpretation of statutes?Definition of landlord in English law being materially different from that in Pakistan law, not safe to invoke assistance of English decisions in construing relevant provisions of Ordinance VI of 1959.?[W
1976 PLD 169 KARACHI-HIGH-COURT-SINDH
Sindh · 1976
GHOUS BAKHSH VS MUHAMMAD ABDUL NAEEM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Evibtion of tenant-Section 30 of Act XXVIIL of 1958-Source of creation of statutory tenancy-Tenant under legal duty to tender rent due otherwise protection against eviction lost to him-Service
1976 PLD 169 KARACHI-HIGH-COURT-SINDH
Sindh · 1976
GHOUS BAKHSH VS MUHAMMAD ABDUL NAEEM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30?Evibtion of tenant?Section 30 of Act XXVIIL of 1958?Source of creation of statutory tenancy?Tenant under legal duty to tender rent due otherwise protection against eviction lost to him?Service of notic
1976 PLD 696 KARACHI-HIGH-COURT-SINDH
Sindh · 1976
MUHAMMAD SIDDIQ VS ABDUL HAMEED West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2) (i) read with Explanation II?Ejectment?Tender of rent?Modes?Tenant offering rent at rate originally assessed by Municipal Committee?Landlord admitting such tender and his refusal also to accept same?Landlord choosing not to accept rent, tenant cannot be made to suffer for such conduct of lan
1975 SCMR 104 SUPREME-COURT
Supreme Court · 1975
MUHAMMAD SHARIF VS CHIEF ADMINISTRATOR, AUQAF West Pakistan Waqf Properties (Administration) Rules 1960--RULE , West Pakistan Waqf Properties Ordinance 1961--6 , -- S. 6 read with West Pakistan Waqf Properties (Administration) Rules, 1960, r. 7 (3) (1) & (2)-Petitioner failing to comply with notice asking him to execute lease deed in respect of property and notice not requiring petitioner
1975 SCMR 104 SUPREME-COURT
Supreme Court · 1975
MUHAMMAD SHARIF VS CHIEF ADMINISTRATOR, AUQAF West Pakistan Waqf Properties (Administration) Rules 1960--RULE , West Pakistan Waqf Properties Ordinance 1961--6 , -- S. 6 read with West Pakistan Waqf Properties (Administration) Rules, 1960, r. 7 (3) (1) & (2)-Petitioner failing to comply with notice asking him to execute lease deed in respect of property and notice not requiring petitioner
1975 SCMR 33 SUPREME-COURT
Supreme Court · 1975
ALI MUHAMMAD VS SIRAJUL HAQ QURESHI West Pakistan Urban Rent Restriction Ordinance 1959--13 , - S. 13-Bjectment--Pctittoner entering into agreement with P. T. O. holder of evacuee house for transfer of house to him on payment of certain amount on issuance of P. T. D.-P. T. O., however, cancelled on information given by respondent and house transferred to respondent as informant-P. T'. O. h
1975 PLD 1 SUPREME-COURT
Supreme Court · 1975
HASSAN VS FANCY FOUNDATION West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 —S. 13, subsections (2)(vi) & (5-B)— Section 13 as amended by West Pakistan Urban Rent Restriction (Amendment) Ordinance (XXI of 1965)— Amendment of subsection (2)(vi) and insertion of new provision as subsection (5-B) in S. 13—Prospective and not retrosp
1975 PLD 254 LAHORE-HIGH-COURT-LAHORE
Punjab · 1975
MUHAMMAD BASHIR VS SULTAN MAHMOOD West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 2 "Residential building" as defined under S. 2(g) ; "nonresidential building" as defined under S. 2(d) and word "building" as defined under S. 2(a)?Word "building" means even a part of a building?Any part of a whole building can be a "building" within meaning of S. 2(a)?Portion of a buildin
1975 PLD 254 LAHORE-HIGH-COURT-LAHORE
Punjab · 1975
MUHAMMAD BASHIR VS SULTAN MAHMOOD West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 13 & 2 "Residential building" as defined under S. 2(g) ; "nonresidential building" as defined under S. 2(d) and word "building" as defined under S. 2(a)-Word "building" means even a part of a building-Any part of a whole building can be a "building" within meaning of S. 2(a)-Portion of a building
1975 PLD 1195 LAHORE-HIGH-COURT-LAHORE
Punjab · 1975
RASHID AHMAD VS MUHAMMAD IRSHAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 read with Civil Procedure Code (V of 1908), O. XXII, r. 3Legal Representatives, impleading of?Provisions of O. XXII, C. P. C.?Not applicable to cases of evictions of tenants under Ordinance?Proceedings under S. 13 of Ordinance?Do not abate on death of petitioner or respondent?Rent Controller's o
1975 PLD 1195 LAHORE-HIGH-COURT-LAHORE
Punjab · 1975
RASHID AHMAD VS MUHAMMAD IRSHAD Civil Procedure Code --Order XXII of C.P.C. Death, Marriage and Insolvency of Parties--3 , S. 13 read with Civil Procedure Code (V of 1908), O. XXII, r. 3Legal Representatives, impleading of-Provisions of O. XXII, C. P. C.-Not applicable to cases of evictions of tenants under Ordinance-Proceedings under S. 13 of Ordinance-Do not abate on death of petitioner
1975 PLD 790 LAHORE-HIGH-COURT-LAHORE
Punjab · 1975
FAZAL AHMAD VS RAMZAN BIBIV Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--16 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , Ss. 13, 15, 16 & 17 read wi
1975 PLD 790 LAHORE-HIGH-COURT-LAHORE
Punjab · 1975
FAZAL AHMAD VS RAMZAN BIBI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--16 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , Ss. 13, 15, 16 & 17 read wit
1975 PLD 790 LAHORE-HIGH-COURT-LAHORE
Punjab · 1975
FAZAL AHMAD VS RAMZAN BIBI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--16 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , Ss. 13, 15, 16 & 17 read wit
1975 PLD 790 LAHORE-HIGH-COURT-LAHORE
Punjab · 1975
FAZAL AHMAD VS RAMZAN BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13, 15, 16 & 17 read with Civil Procedure Code (V of 1908), O. XXI, r. 99/100?Order of eviction passed under Ordinance ?Executed by civil Court as a decree?Provisions contained in C. P. C. regarding execution of decrees?Applicable?Party adversely affected by execution ? Has right to approach civil Cour
1975 PLD 594 LAHORE-HIGH-COURT-LAHORE
Punjab · 1975
AZIZ BEGUM VS GUARANTEE LIFE & EMPLOYMENT INSURANCE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(vi)?Landlord intending to demolish existing structure and seeking eviction of tenant on ground of reconstruction?Must obtain necessary sanction for construction from relevant authorities mentioned in cl. (vi) prior to filing application under S. 13(2)Application for ejectm
1975 PLD 202 KARACHI-HIGH-COURT-SINDH
Sindh · 1975
WALI DAD VS DEPUTY COMMISSIONER KARACHI Martial Law Regulation 1972 No. 115--RGLN. , Paras. 24(6) & 26-Word "tenant" in para. 24 (6)-Does not include "lessee"-Deputy Commissioner cannot order eviction of "lessee" or a trespasser under para. 24(6)-Person fn wrongful possession of property-Aggrieved party to seek redress from civil Court-Order of eviction passed by Deputy Commissioner not in
1974 PLD 13 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1974
ABDUL MAJID VS AKHTAR MOHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13-A , S. 13-A-Section does not envisage dismissal of eviction application in case of non-compliance of its provision-Non-compliance with provision of section-Case in such eventuality to be governed by S. 13 instead of S. 13-A.
1973 SCMR 460 SUPREME-COURT
Supreme Court · 1973
T. K. BROTHERS & CO. VS CUSTODIAN OF EVACUEE PROPERTY Pakistan (Administration of Evacuee Property) Act 1957--5 , Pakistan (Administration of Evacuee Property) Ordinance 1949--4 , Sindh Rent Restriction Act 1947--9 , Sind Rent Restriction Act (X of 1947), S. 9 read with Pakistan (Administration of Evacuee Property) Act (X11 of 1957), S. 5(2)Act X of 1947 not applicable in respect of evacue
1973 SCMR 460 SUPREME-COURT
Supreme Court · 1973
T. K. BROTHERS & CO. VS CUSTODIAN OF EVACUEE PROPERTY Pakistan (Administration of Evacuee Property) Act 1957--5 , Pakistan (Administration of Evacuee Property) Ordinance 1949--4 , Sindh Rent Restriction Act 1947--9 , Sind Rent Restriction Act (X of 1947), S. 9 read with Pakistan (Administration of Evacuee Property) Act (X11 of 1957), S. 5(2)Act X of 1947 not applicable in respect of evacue
1973 SCMR 460 SUPREME-COURT
Supreme Court · 1973
T. K. BROTHERS & CO. VS CUSTODIAN OF EVACUEE PROPERTY Pakistan (Administration of Evacuee Property) Act 1957--5 , Pakistan (Administration of Evacuee Property) Ordinance 1949--4 , Sindh Rent Restriction Act 1947--9 , Sind Rent Restriction Act (X of 1947), S. 9 read with Pakistan (Administration of Evacuee Property) Act (X11 of 1957), S. 5(2)Act X of 1947 not applicable in respect of evacue
1973 PLD 284 KARACHI-HIGH-COURT-SINDH
Sindh · 1973
RISALDAR AZIMUDDIN VS DILSHAD HUSSAIN Evidence Act 1872--116 , Evidence Act 1872 S. 116-Estoppel of tenant and of licensee of person in possession-A tenant cannot deny title of his landlord but position different when third person who is real` owner intervenes-Relationship of landlord and tenant comes to an end when tenant evicted by real owner or when there is even a threat of eviction by
1972 SCMR 43 SUPREME-COURT
Supreme Court · 1972
FAQIRRA VS CUSTODIAN, WEST PAKISTAN Pakistan (Administration of Evacuee Property) Act 1957--22 , S. 22-Muslim mortgaging property to Hindu in 1854Right to redeem property lost ; in 1914, mortgagee suing for possession thereafter and obtaining decree in 1946-Hindu migrating to India and heirs of mortgagor filing application under S. 22 for redemption of mortgage-Held, mortgagor having lost
1972 PLC 169 LABOUR-COURT-PUNJAB
Punjab · 1972
BAKHSH ELAHI VS MANAGING DIRECTOR, NATIONAL SILK AND RAYON MILLS LTD., LYALLPUR West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968--S.O. 16 , West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 S. O. 16 read with Civil Procedure Code (V of 1908), S. 151 & O. XXXIX, r. 2-eviction from residential quarter-Temporary injunction-C
1972 PLC 169 LABOUR-COURT-PUNJAB
Punjab · 1972
BAKHSH ELAHI VS Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Code of Civil Procedure 1908--151 , S. O. 16 read with Civil Procedure Code (V of 1908), S. 151 & O. XXXIX, r. 2-eviction from residential quarter-Temporary injunction-Cannot be issued to stay eviction.
1972 PLD 711 LAHORE-HIGH-COURT-LAHORE
Punjab · 1972
RAIS AHMAD VS MIAN ABDUL JABBAR Cantonments Rent Restriction Act 1963--17 , S. 17(2)(vi) read with subsection (7)-Cantonment Board's sanction for construction of new building-Need not subsist on date of order of eviction-Rent Controller merely required to see requisite sanction obtained-Owner may obtain extension of sanction, if expired, subsequent to order of eviction-Sanction if not exte
1972 PLD 142 LAHORE-HIGH-COURT-LAHORE
Punjab · 1972
KHAN AZIZUL HASSAN KHAN VS HAJI MUHAMMAD ISMAIL Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 30 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Ejectment on ground of default in payment of rent-Notice of transfer and notice of demand of rent under S. 30 of Act o f 1958-Held, sine
1972 PLD 142 LAHORE-HIGH-COURT-LAHORE
Punjab · 1972
KHAN AZIZUL HASSAN KHAN VS HAJI MUHAMMAD ISMAIL Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 30 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Ejectment on ground of default in payment of rent-Notice of transfer and notice of demand of rent under S. 30 of Act o f 1958-Held, sine
1972 PLD 98 KARACHI-HIGH-COURT-SINDH
Sindh · 1972
BASHIR AHMAD VS MUHAMMAD HANIF AND ANOTHER West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ---- S. 13(3)(ii)(c) read with S. 15--eviction on ground of requirement for landlord's own use-Tenant not raising plea that landlord had in his occupation other shops as well-Landlo
1971 SCMR 725 SUPREME-COURT
Supreme Court · 1971
SAMIULLAH VS MUHAMMAD SALEEM, DISTRICT JUDGE, RAWALPINDI Cantonments Rent Restriction Act 1963--17 , Special Leave to Appeal --TERM , Cantonment Rent Restriction Act (XI of 1963), S. 17Special leave to appeal-Granted to consider whether a previous default, committed prior to promulgation of Act, wiped out by payment made prior to making of application by landlord for eviction, and whether
1971 SCMR 725 SUPREME-COURT
Supreme Court · 1971
SAMIULLAH VS MUHAMMAD SALEEM, DISTRICT JUDGE, RAWALPINDI Cantonments Rent Restriction Act 1963--17 , Special Leave to Appeal --TERM , Cantonment Rent Restriction Act (XI of 1963), S. 17Special leave to appeal-Granted to consider whether a previous default, committed prior to promulgation of Act, wiped out by payment made prior to making of application by landlord for eviction, and whether
1971 SCMR 336 SUPREME-COURT
Supreme Court · 1971
MUHAMMAD ABDULLAH VS NAWAB DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15 read with S. 13(6)-Interlocutory order for deposit of rent-Respondent not compelled by law to appeal from every interlocutory order-Tenant, held, can challenge an order for depos
1971 SCMR 336 SUPREME-COURT
Supreme Court · 1971
MUHAMMAD ABDULLAH VS NAWAB DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15 read with S. 13(6)-Interlocutory order for deposit of rent-Respondent not compelled by law to appeal from every interlocutory order-Tenant, held, can challenge an order for depos
1970 SCMR 513 SUPREME-COURT
Supreme Court · 1970
HUSSAIN VS MERCHANT NAVY CLUB SOCIETY Constitution of Pakistan 1962--58 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ------- S. 13-Ejectment-Petitioner in default of 25 months' rent-Cheques sent by petitioner to owner of premises relating to different period and in connection with decree passed for arrears-eviction order, in circumstances, held, passed by C
1970 SCMR 513 SUPREME-COURT
Supreme Court · 1970
HUSSAIN VS MERCHANT NAVY CLUB SOCIETY Constitution of Pakistan 1962--58 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ------- S. 13-Ejectment-Petitioner in default of 25 months' rent-Cheques sent by petitioner to owner of premises relating to different period and in connection with decree passed for arrears-eviction order, in circumstances, held, passed by C
1970 SCMR 513 SUPREME-COURT
Supreme Court · 1970
HUSSAIN VS MERCHANT NAVY CLUB SOCIETY Constitution of Pakistan 1962--58 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ------- S. 13-Ejectment-Petitioner in default of 25 months' rent-Cheques sent by petitioner to owner of premises relating to different period and in connection with decree passed for arrears-eviction order, in circumstances, held, passed by C
1970 SCMR 647 SUPREME-COURT
Supreme Court · 1970
MUHAMMAD ALAM VS AKBARI BEGUM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -------S. 13(2)(ii)(a) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30(1), (3)(ii) & (4)Ejectment-Statutory tenant doing anything in contravention of Cl. (ii) of S. 30(3) of Act
1970 SCMR 647 SUPREME-COURT
Supreme Court · 1970
MUHAMMAD ALAM VS AKBARI BEGUM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -------S. 13(2)(ii)(a) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30(1), (3)(ii) & (4)Ejectment-Statutory tenant doing anything in contravention of Cl. (ii) of S. 30(3) of Act
1970 SCMR 647 SUPREME-COURT
Supreme Court · 1970
MUHAMMAD ALAM VS AKBARI BEGUM Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -------S. 13(2)(ii)(a) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30(1), (3)(ii) & (4)Ejectment-Statutory tenant doing anything in contravention of Cl. (ii) of S. 30(3) of Act
1970 PLD 667 DHAKA-HIGH-COURT
1970
HAJI HABIB ULLAH-DEFENDANT VS HAJI ABDUL HALIM (REPRESENTED BY HEIRS) Code of Civil Procedure 1908--100 , S. 18-Ejectment Protection to tenant against eviction trot available when premises required by landlord for own use and occupation-Findings of lower appellate Court as to requirement of landlord for own use and occupation, being finding of fact, not interfered with in second appeal-Civ
1970 PLD 667 DHAKA-HIGH-COURT
1970
HAJI HABIB ULLAH-DEFENDANT VS HAJI ABDUL HALIM (REPRESENTED BY HEIRS) Ejectment--TERM , Ejectment S. 18-Ejectment Protection to tenant against eviction trot available when premises required by landlord for own use and occupation-Findings of lower appellate Court as to requirement of landlord for own use and occupation, being finding of fact, not interfered with in second appeal-Civil Proce
1970 PLD 251 DHAKA-HIGH-COURT
1970
SONA MIA VS THE SUB-DIVISIONAL OFFICER, NARAYANGANJ AND 2 OTHERS Ejectment--TERM , Ejectment S. 2(1) & (2)-Ejectment-Magistrate under subsection (1) can summarily evict those persons only who trespass into someone's land who had to leave same on account of, or in apprehension of, civil disturbances of January 1964-Order of eviction not mentioning such facts and without local inquiry held,
1970 PLD 203 DHAKA-HIGH-COURT
1970
A. K. M. SADEQUE VS AFSARUDDIN AHMED AND OTHERS Appeal--TERM , S. 3-Appeal-Provisions of S. 3 come into play when restoration of possession already taken place and eviction made complete-Date of eviction fixed but eviction not effected-Right of appeal, in circumstances, held, not yet accrued and writ petition maintainable.
1970 PLD 203 DHAKA-HIGH-COURT
1970
A. K. M. SADEQUE VS AFSARUDDIN AHMED AND OTHERS East Pakistan Disturbed Persons (Rehabilitation) Ordinance 1964--3 , East Pakistan Disturbed Persons (Rehabilitation) Ordinance 1964 Ss. 2(1), 3, 7-A, 7-B, 7-C & 7-D-Order of eviction passed under S. 2(1) being appealable under S. 3Magistrate cannot act indiscriminately or arbitrarily without conforming to fundamental principles of judicial p
1970 PLD 27 SUPREME-COURT-AZAD-KASHMIR
Supreme Court · 1970
MST. WALAYAT JAN VS THE STATE Natural Justice--TERM , Natural Justice -Audi alteram partem-Magistrate passing order of eviction without tangible evidence and without giving proper and fair opportunity of showing cause against such proceedings Principle of natural justice "no person can be condemned unheard" applicable-Criminal Procedure Code (V of 1898), S. 108-A [as inserted in Azad Jammu
1969 SCMR 689 SUPREME-COURT
Supreme Court · 1969
SARWAR ABBAS VS MUHAMMAD TAQI RIZI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15-Appellate authority ordering eviction of tenant in terms of compromise arrived at by party and directing tenant to hand over possession on 30-9-66-Execution of order, held, could rightly be sued out on or after that date-Plea
1969 SCMR 689 SUPREME-COURT
Supreme Court · 1969
SARWAR ABBAS VS MUHAMMAD TAQI RIZI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15-Appellate authority ordering eviction of tenant in terms of compromise arrived at by party and directing tenant to hand over possession on 30-9-66-Execution of order, held, could rightly be sued out on or after that date-Plea
1969 PLD 886 LAHORE-HIGH-COURT-LAHORE
Punjab · 1969
MUMTAZ HUMAYUN VS MAJOR HABIB-UR-REHMAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(3)(a)(i)(a)-eviction-Whether can be sought on grounds of requirements of relatives (widowed mother).
1969 PLD 886 LAHORE-HIGH-COURT-LAHORE
Punjab · 1969
MUMTAZ HUMAYUN VS MAJOR HABIB-UR-REHMAN Eviction--TERM , S. 13(3)(a)(i)(a)-eviction-Whether can be sought on grounds of requirements of relatives (widowed mother).
1969 PLD 12 KARACHI-HIGH-COURT-SINDH
Sindh · 1969
LIMED ALI VS GOBIND SINGH SHAHANI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13-Ejectment-Compromise of parties, "that on failure to pay arrears of rent by stipulated date tenant would be ejected," embodied by Rent Controller in order-Civil Court, in executing order of eviction, on tenant's failure to pay arrears as stip
1969 PLD 12 KARACHI-HIGH-COURT-SINDH
Sindh · 1969
LIMED ALI VS GOBIND SINGH SHAHANI Contract Act 1872--74 , S. 13-Ejectment-Compromise of parties, "that on failure to pay arrears of rent by stipulated date tenant would be ejected," embodied by Rent Controller in order-Civil Court, in executing order of eviction, on tenant's failure to pay arrears as stipulated, held, competent to give relief to tenant against penalty of eviction Civil Pro
1968 SCMR 1087 SUPREME-COURT
Supreme Court · 1968
VS West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)-Landlord genuinely seeking extra accommodation on ground that two members of family were going, to be married Demand for eviction, in circumstances, held bona fide-Landlord has discretion to insist that particular portion be made available-Fact that one flat in premises had fallen vacant earlier and this the landlord h
1968 SCMR 959 SUPREME-COURT
Supreme Court · 1968
VS West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (3)-Landlord claiming eviction of tenant on ground that shop was bona fide required for his son-Relationship between him and his son alleged to be estranged-Landlord's failure to examine his son in circumstance held raised adverse presumption that requirement was not bona fide-Special Leave to Appeal refused by Supreme Co
1968 SCMR 959 SUPREME-COURT
Supreme Court · 1968
VS West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (3)-Landlord claiming eviction of tenant on ground that shop was bona fide required for his son-Relationship between him and his son alleged to be estranged-Landlord's failure to examine his son in circumstance held raised adverse presumption that requirement was not bona fide-Special Leave to Appeal refused by Supreme Co
1968 SCMR 777 SUPREME-COURT
Supreme Court · 1968
VS West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (6) read with West Pakistan Urban Rent Restriction (Second Amendment) Ordinance (XXII of 1966)-Order for deposit of rent passed by Civil Judge when not yet appointed Rent Controller-Such order, however, validated with retrospective effect by Ordinance XXIJ of 1966 and as such eviction for non-compliance with order held, p
1968 SCMR 777 SUPREME-COURT
Supreme Court · 1968
VS West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (6) read with West Pakistan Urban Rent Restriction (Second Amendment) Ordinance (XXII of 1966)-Order for deposit of rent passed by Civil Judge when not yet appointed Rent Controller-Such order, however, validated with retrospective effect by Ordinance XXIJ of 1966 and as such eviction for non-compliance with order held, p
1968 SCMR 766 SUPREME-COURT
Supreme Court · 1968
VS West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-eviction for default in payment of monthly rent-Discretion exercised by tribunals below not in disregard of principles governing exercise of discretion-Special Leave to Appeal refused by Supreme Court.
1968 PLD 20 LAHORE-HIGH-COURT-LAHORE
Punjab · 1968
MEHRAJ DIN AND ANOTHER VS MUHAMMAD YASIN AND 2 OTHERS Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--35 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders ----O. XXI, r. 35-Sub tenant a person bound by decree for possession when eviction of tenant is based on ground which determines sub-tenancy.
1968 PLD 229 LAHORE-HIGH-COURT-LAHORE
Punjab · 1968
RAJA MUHAMMAD ALAM VS MST. AKBARI BEGUM AND ANOTHER Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Ejectment--TERM , Landlord and Tenant--TERM , S.13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30 (1) (b), (3) (i), (ii)-Landlord and tenant-Ejectment-Evacuee property, transferred to claimant - Section 30 (3), cl. (ii) independen
1968 PLD 229 LAHORE-HIGH-COURT-LAHORE
Punjab · 1968
RAJA MUHAMMAD ALAM VS MST. AKBARI BEGUM AND ANOTHER Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Ejectment--TERM , Landlord and Tenant--TERM , S.13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30 (1) (b), (3) (i), (ii)-Landlord and tenant-Ejectment-Evacuee property, transferred to claimant - Section 30 (3), cl. (ii) independen
1968 PLD 229 LAHORE-HIGH-COURT-LAHORE
Punjab · 1968
RAJA MUHAMMAD ALAM VS MST. AKBARI BEGUM AND ANOTHER Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Ejectment--TERM , Landlord and Tenant--TERM , S.13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30 (1) (b), (3) (i), (ii)-Landlord and tenant-Ejectment-Evacuee property, transferred to claimant - Section 30 (3), cl. (ii) independen
1968 PLD 229 LAHORE-HIGH-COURT-LAHORE
Punjab · 1968
RAJA MUHAMMAD ALAM VS MST. AKBARI BEGUM AND ANOTHER West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S.13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30 (1) (b), (3) (i), (ii)-Landlord and tenant-Ejectment-Evacuee property, transferred to claimant - Section 30 (3), cl. (ii) independent o
1968 PLD 1339 LAHORE-HIGH-COURT-LAHORE
Punjab · 1968
MUHAMMAD ALI ALIAS MANNA AND OTHERS VS CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER Displaced Persons (Land Settlement) Act 1958--14-A , Displaced Persons (Land Settlement) Act 1958 S. 14-A [as amended by Displaced Persons Laws Amendment Ordinance (XIII of 1964)]-Right of possession of mortgagees in lands mortgaged by evacuees-Can no longer be claimed after amendment of 1964-Mortgage m
1968 PLD 589 KARACHI-HIGH-COURT-SINDH
Sindh · 1968
N. Q. INDUSTRIES VS MRS. BAPAI KAIKHUSRO West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15(5)-Controller competent to review and recall his ex parte order of eviction-Section. 15(5) does not operate as bar to exercise of this power-Finality envisaged in S. 5(15)Attaches for purpose only of saving the orders passed thereunder from being called in question in Court of law
1968 PLD 589 KARACHI-HIGH-COURT-SINDH
Sindh · 1968
N. Q. INDUSTRIES VS MRS. BAPAI KAIKHUSRO West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13 & 15(5)-Controller competent to review and recall his ex parte order of eviction-Section. 15(5) does not operate as bar to exercise of this power-Finality envisaged in S. 5(15)Attaches for purpose only of saving the orders passed ther
1967 PLD 194 LAHORE-HIGH-COURT-LAHORE
Punjab · 1967
D. LOBO VS MUHAMMAD ZAKI Appeal--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15, read with S. 13-Appeal-Continuation of original proceedings and not afresh application-Application for eviction dismissed by Controller-Appeal by landlord-Tenant failin
1967 PLD 194 LAHORE-HIGH-COURT-LAHORE
Punjab · 1967
D. LOBO VS MUHAMMAD ZAKI Appeal--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15, read with S. 13-Appeal-Continuation of original proceedings and not afresh application-Application for eviction dismissed by Controller-Appeal by landlord-Tenant failin
1967 PLD 449 KARACHI-HIGH-COURT-SINDH
Sindh · 1967
BOMAN ABADAN IRANI AND OTHERS VS JEHANGIR J. MOBED AND OTHERS West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---- S. 13 (1), (2)-Provisions to be strictly construed-Provisions applicable only to tenants in possession-Lessee of premises parting with possession by sub-lease to third party in contravention of lease died-Jurisdicti
1967 PLD 437 KARACHI-HIGH-COURT-SINDH
Sindh · 1967
ADAM ALI HASSANALI VS MST. RUBAB BAI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----- S. 13 (3) (a) (i) (a)-Expression "for his own occupation"-Embraces needs not only individual and personal but those of family as well-Genuine requirement of better and healthier accommodation for landlords spouse-Proper ground for eviction
1967 PLD 410 DHAKA-HIGH-COURT
1967
SYED ABDUL QUDDUS VS PROVINCE OF EAST PAKISTAN Fundamental Rights--TERM , Art. 6, Fundamental Right No. 14-Right refers to requisition and acquisition of properties and not to eviction of unauthorised occupants from Government properties-East Bengal Government Lands and Buildings (Recovery of Possession) Act, 1952 (X of 1953), S. 5.
1967 PLD 410 DHAKA-HIGH-COURT
1967
SYED ABDUL QUDDUS VS PROVINCE OF EAST PAKISTAN Constitution of Pakistan 1962--6 , Constitution of Pakistan 1962 Art. 6, Fundamental Right No. 14-Right refers to requisition and acquisition of properties and not to eviction of unauthorised occupants from Government properties-East Bengal Government Lands and Buildings (Recovery of Possession) Act, 1952 (X of 1953), S. 5.
1966 PLD 182 SUPREME-COURT
Supreme Court · 1966
MUHAMMAD AZIM VS MUHAMMAD NAWAZ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13 (2) (i); (ii) (a) & (3) (a) (ii) (a) read with Civil Procedure Code (V of 1908), O. XXII, r. 4 (1)-Tenant dying pending proceedings -for eviction .by landlord-Legal representatives of deceased tenant may be brought on record-[Grounds taken for
1966 PLD 182 SUPREME-COURT
Supreme Court · 1966
MUHAMMAD AZIM VS MUHAMMAD NAWAZ Civil Procedure Code --Order XXII of C.P.C. Death, Marriage and Insolvency of Parties--4 , S. 13 (2) (i); (ii) (a) & (3) (a) (ii) (a) read with Civil Procedure Code (V of 1908), O. XXII, r. 4 (1)-Tenant dying pending proceedings -for eviction .by landlord-Legal representatives of deceased tenant may be brought on record-[Grounds taken for eviction: Default i
1965 PLD 129 PESHAWAR-HIGH-COURT
KPK · 1965
HAJI GHULAVI MUHAMMAD KHAN VS M. MUTIULLAH KHAN Eviction of tenant--TERM , S. 13 (1)-eviction of tenant-Suit by landlord against tenant for ejectment and recovery of rent--Ordinance coming into force during pendency of suit-Civil Court not competent to proceed with suit and pass decree for ejectment-Decree passed in such circumstance-Null and void.
1965 PLD 129 PESHAWAR-HIGH-COURT
KPK · 1965
HAJI GHULAVI MUHAMMAD KHAN VS M. MUTIULLAH KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13 (1)-eviction of tenant-Suit by landlord against tenant for ejectment and recovery of rent--Ordinance coming into force during pendency of suit-Civil Court not competent to proceed with suit and pass decree for ejectment-Decree p
1965 PLD 374 LAHORE-HIGH-COURT-LAHORE
Punjab · 1965
SH. MEHRAJ DIN VS GHULAM MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , West Pakistan Urban Rent Restriction Ordinance 1959 -----Ss. 13, 15 & 17-Section 17 provides machinery for executing order passed in appeal under S. 15-Appeal from order of Rent Controller directing eviction of tenant under S. 13(6)-Pending a
1964 PLD 418 KARACHI-HIGH-COURT-SINDH
Sindh · 1964
SYED AHSAN ALI VS JAFFAR ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 10 (6) and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (6)-Provisions identical and penal in nature, must be construed strictly-Interpretation of Statutes-Order in respect of arrears and future rent not passed in conformity with provisions of law---Tenant not liable to eviction
1964 PLD 418 KARACHI-HIGH-COURT-SINDH
Sindh · 1964
SYED AHSAN ALI VS JAFFAR ALI Karachi Rent Restriction Act 1953--10 , Karachi Rent Restriction Act 1953 S. 10 (6) and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (6)-Provisions identical and penal in nature, must be construed strictly-Interpretation of Statutes-Order in respect of arrears and future rent not passed in conformity with provisions of law---Tenant not lia
1963 PLD 21 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 1963
QAZI QAHIR KHAN VS ABDULLAH JAN West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 -----Ss. 13 (6) & 15-Order of Rent Controller directing monthly deposit of future rent-Valid till final decision of case Final decision does not take place till remedy by way of appeals are exhausted-Tenant under statutory duty to pay monthly rent re
1963 PLD 418 LAHORE-HIGH-COURT-LAHORE
Punjab · 1963
MUHAMMAD HASHIM VS ZULFIQAR ALI KHAN, GENERAL MANAGER, WEST PAKISTAN, ROAD TRANSPORT BOARD Licence--TERM , Licence ----Contractual licence---English law-Similar principles applicable in Pakistan--Licensee entitled to notice before eviction-Contractual licence-Breach of, by licensor-Licensee may sue for damages but not for permanent injunction-Principles underlying Easements Act (V of 1881)
1962 PLD 261 KARACHI-HIGH-COURT-SINDH
Sindh · 1962
ABDUL SATTAR VS MUHAMMAD SHAKOOR Karachi Municipal Corporation Rules--RULE , Karachi Municipal Corporation Rules r. 17(5)(a) and (b)-Violation of terms of lease-Standing Committee not empowered to evict lessee by force-Mere passing of resolution not ouster--Termination of lease-Lessee holding over as trespasser-eviction order only by Court of law-City of Karachi Municipal Act (XVII of 1933
1962 PLD 261 KARACHI-HIGH-COURT-SINDH
Sindh · 1962
ABDUL SATTAR VS MUHAMMAD SHAKOOR City of Karachi Municipal Act 1933--280 , City of Karachi Municipal Act 1933 S. 280 (2) and Karachi Municipal Corporation Land Rules, r. 17(5)(a) and (b)-Lessee of plot constructing house and letting it out--Resolution of Standing Committee to resume land, remaining unimplemented --- No ouster of lessee-Locus standi of lessee to claim rent from his tenant a
1962 PLD 790 KARACHI-HIGH-COURT-SINDH
Sindh · 1962
ABDULLAH KHAN VS HARIDAS LALJI Karachi Small Causes Courts Act 1929--18 , Karachi Small Causes Courts Act 1929 Assignee of tenancy rights in actual possession of premises but not made party to suit--Assignee not bound by decree for eviction-Assignee entitled to institute suit under S. 24.
1962 PLD 790 KARACHI-HIGH-COURT-SINDH
Sindh · 1962
ABDULLAH KHAN VS HARIDAS LALJI Karachi Small Causes Courts Act 1929--24 , Assignee of tenancy rights in actual possession of premises but not made party to suit--Assignee not bound by decree for eviction-Assignee entitled to institute suit under S. 24.
1960 PLD 1210 LAHORE-HIGH-COURT-LAHORE
Punjab · 1960
BAKHSHI MAHMOOD ALI VS AURANG ZAIB KHAN Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--1 , S. 13 (6) & S. 17-Order directing tenant to deposit arrears of rent etc.-Executable as a decree by competent Civil Court-Failure to deposit, entails striking off of defence and eviction of tenant-Civil Procedure Code (V of 1908), O. XXI, r. 1.
1960 PLD 764 LAHORE-HIGH-COURT-LAHORE
Punjab · 1960
RAJA VS SHAMSUD DIN DECEASED THROUGH KHAN MUHAMMAD Cause of Action--TERM , -----Cause of action-Suit between brothers R and S relating to land comprised in horse-breeding grant devolving from father-R, ejected by proceedings taken by S from part of land but continuing possession of part of remaining land being share -of their mother received by her by way of maintenance-R, after death or m
1960 PLD 764 LAHORE-HIGH-COURT-LAHORE
Punjab · 1960
RAJA VS SHAMSUD DIN DECEASED THROUGH KHAN MUHAMMAD Limitation--TERM , Limitation -----Cause of action-Suit between brothers R and S relating to land comprised in horse-breeding grant devolving from father-R, ejected by proceedings taken by S from part of land but continuing possession of part of remaining land being share -of their mother received by her by way of maintenance-R, after deat
1960 PLD 20 KARACHI-HIGH-COURT-SINDH
Sindh · 1960
SHAH MASTAN KHAN VS THE SUI GAS TRANSMISSION CO. LTD. Land Control (Capital of the Federation) Act 1952--11 , Land Control (Capital of the Federation) Act 1952 S. 11(1)-Not retrospective so far as eviction from land is concerned.
1958 PLD 128 DHAKA-HIGH-COURT
1958
ABDUL HASHEM MRIDHA VS ABDUL KASHEM HOWLADAR AND OTHERS Trespasser--TERM , Trespasser -Recovery of possession from-Decree for eviction of trespasser can validly be passed in a suit by one of co-sharers where all remaining co-sharers are made parties.
1957 PLD 127 SUPREME-COURT-INDIABookmark this Case
Supreme Court · 1957
J. NARAYANA RAO VS V. G. BASAVARAYAPPA Transfer of Property Act 1882--51 , Transfer of Property Act 1882 ---S. 51-Two purchasers of self-same mortgaged property-Prior purchaser, a bona fide purchaser without notice of mortgage, effecting improvements on property-Suit for redemption and possession by second purchaser-Decree directing second purchaser either to pay cost of improvements and t