1988 SCMR 396 SUPREME-COURT

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BEGUM LAILA SARFARAZ VS NOOR MUHAMMAD Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(3) & 21--Constitution of Pakistan (1973) Art. 185(3)--Ejectment on ground of reconstruction--Tenant occupying residential flat on ground floor--eviction ordered with direction that a residential flat on first floor of building would be provided by landlord to tenant-Order modified in appeal with direction that tenant shall be provided with a shop on ground floor as well--.Leave to appeal granted to consider contention that Rent Controller and High Court had no power to simultaneously pass an order envisaged under S.15(3) of Ordinance (XVII of 1979) while passing order of ejectment and that direction that the tenant was also entitled to a shop was against finding of fact recorded by Rent Controller; which was to the effect that the tenant had failed to prove that he was allowed to use the house as a shop as well by the landlord's mother and that the tenant was carrying on business on a projected portion on the municipal land.