1980 PLD 206 SUPREME-COURT
Supreme Court · 1980
Full text
GHULAM NABI VS MUSHTAQ AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Contention that evidence, on remand of case, having been recorded contrary to provisions of Civil Procedure Code, 1908, rendered inadmissible-Provisions of Civil Procedure Code, 1908, held, not applicable in terms to proceedings before Rent Controller hence argument fallacious. S. 13(2) (vi) read with S. 13(5-B)-eviction of tenant-Reconstruction-Needs of tenant-Subsection (5-B) of S. 13-Confers a right on tenant to lease of demised premises after reconstruction-Controller being empowered to lease to tenant in new building a smaller area than premises originally demised to him, provision of subsection (5-B) inconsistent with propositions of landlord having to reconstruct his property only in accordance with needs of his tenant-Plea of landlord's rebuilding plan having necessarily to conform to his tenant's requirement, hell, a proposition leading to absurdity.
