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1989 SCMR 1315 SUPREME-COURT

Supreme Court · 1989

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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--Subsequent fresh application again on the ground' of bona fide need of landlord on a different ground was dismissed by Rent Controller as also by the Appellate Court on the ground that same was hit by the provisions of S.14 of the Ordinance--High Court in Constitutional jurisdiction remanded the matter to Rent Controller with direction to decide the subsequent eviction application on merit in accordance with law-Contention that first application by landlord having been dismissed, how was it possible that within a short span of a few days time the circumstances had so changed that the personal need of landlord became bona fide and that in any case subsequent application was not maintainable under provisions of S.14--Held, no period of limitation could be prescribed for change of circumstances nor for per