1993 SCMR 200 SUPREME-COURT

Full text

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 regard to acceptance of Pugree would render agreement as void and not enforceable under the provisions of West Pakistan Urban Rent Restrictions Ordinance, 1959; Whether tenant, in case of void agreement would acquire rights of tenant at will and was liable to be ejected for non-payment of rent under the general law and not under the provisions of Rent Restriction Laws, and whether in such circumstances alternatively provisions of Transfer of Property Act would be attracted. Whether High Court exceeded jurisdiction vested in it while exercising powers vested in it under sections 15 and 21 of Sindh Rented Premises Ordinance, 1979 or under the provisions of West Pakistan Rent Restriction Ordinance, 1959, by directing refund of amount of Pugree to the petitioners allowing ejectment on refund of amount of Pugree; Whether evidence brought on the record was sufficient to justify eviction on the grounds of default and personal need; and Whether ratio laid down in the cases of Sheikh Muhammad Yousaf v. District Judge, Rawlpindi and others 1987 SCMR 307, and Habib Bank Limited v. Dr. Munawar Ali Siddiqui 1991 SCMR 1185 would govern the case or not for the reason that reported cases were distinguishable on the ground of different facts and background.