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1998 SCMR 2114 SUPREME-COURT

Supreme Court · 1998

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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 claim---High Court maintained such findings ---Validity--Word "building" occurring in S.14, Sindh Rented Premises Ordinance, 1979 has been used in the same sense as reflected in S.2(a) of the Ordinance; and unless there be anything repugnant in the subject and context, would mean any building or part thereof, therefore, assumption would be that provision of S.14 of the Ordinance was calculated to direct itself to independent premises, tenements or even entire building, as such, for eviction must be relatable to individual holdings alone-