1988 PLD 91 SUPREME-COURT

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MUHAMMAD RAFIQ VS MUHAMMAD ISMAIL Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , S. 13(3)--Constitution of Pakistan (1973), Arts. 185(3) & 199-Ejectment proceedings on grounds of reconstruction and personal requirement of landlords--Contentions of petitioners counsel (i) that landlords had got vacated several shops belonging to them and had rented them out to other tenants at different times upto May 1984, therefore, they could not have sought petitioners eviction through application filed on 10-12-1984; (ii) that although the two grounds of reconstruction and personal requirements are not mutually destructive, the fact remained that when a landlord succeeds on both, the provision conferring right on the tenant to seek re-entry on certain new conditions was rendered nugatory; (iii) that notwithstanding the fact the landlord had the right to develop his property in the manner he liked, he could not be permitted to do so in such a manner as to destroy the rights of the tenant, and (iv) that the landlords being owners of many properties which they had rented them out after reconstruction, th