1990 SCMR 542 SUPREME-COURT

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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---Tenant relied upon provisions of OXXIII, R.1, C.P:C. and contended that principles underlying the provisions of C.P.C. could be applied to rent case on grounds of equity---Held, cause of action in a cake of personal requirement, depending on circumstances of each case, could arise from time to time---Civil Procedure Code was not applicable to rent cases, its equitable principles might be applied to advance justice, but not to penalise the landlord--Leave refused.