1990 SCMR 650 SUPREME-COURT

Full text

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 premises) was removed, neither demolition of main building nor its construction could ever take place; under Rent Restriction Ordinance landlord was always entitled to re-construct building for the purpose of bona fide personal use and occupation, and if for this purpose a sanctioned plan had been obtained indicating that without demolishing previous building re-construction could not take place, then landlord was entitled to eviction of tenant and that rent receipts produced by tenant did not indicate that he was paying rent and indeed according to the finding of Rent Controller rent for the months of January to December, 1973 was deposited in December, 1980, therefore default on the part of tenant was fully established.