1984 SCMR 1142 SUPREME-COURT
Supreme Court · 1984
Full text
GHULAM MUHAMMAD VS MAQSOOD HUSSAIN Provisional Constitution Order 1981--9 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(2)(vi)-Provisional Constitution Order (1 of 1981), Art. 9Ejectment on ground of reconstruction of premises-High Court in exercise of its constitutional jurisdiction not to convert itself and act as Court of First Appeal over Tribunals created by law-High Court falling in error in not noticing clear position of law that under amended provision of cl. (vi) of S. 13(2) landlords, having obtained necessary sanction for erection of a new building, was under no further obligation to prove that premises were reasonably and in good faith required for said purpose and was under law entitled to evict tenant--Interference made by High Court in exercise of constitutional jurisdiction--Held, wholly unjustified under law-Order of eviction passed by Rent Controller as upheld by appellate Court restored.
