2010 PLD 709 SUPREME-COURT

Full text

MAHBOOB ELAHI VS Mst. HAMIDA BEGUM Constitution of Pakistan 1973--185 , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(iv), (3)(a)(i)(ii), (4) (5) & (5-A)---Constitution of Pakistan (1973), Art. 185(3)--- Ejectment petition--- Bona fide personal need of landlord and reconstruction of demised shop---eviction of tenant ordered by Rent Controller---Failure of landlord to demolish/construct shop within prescribed period---Conviction and punishment of landlord and restoration of possession of shop to tenant on his application by Rent Controller---Order of Conviction and punishment of landlord upheld by Appellate Authority was set aside by High Court for being without jurisdiction---Plea of tenant that provision of S. 13 of West Pakistan Urban Rent Restriction Ordinance, 1959 envisaged eviction of tenant on various grounds, but eviction ordered under sub-section (2)(iv) or (3)(ii) thereof was reversible if condition which had led to eviction, were not satisfied within prescribed limit; that if tenant was dispossessed on ground that landlord or his children required premises for his or their occupation and he or they did not occupy premises or having occupied same re-let same within two months of taking over possession thereof, then Rent Controller on being approached could straight away direct that evicted tenant be put back into possession thereof as envisaged by S.13(4) of the Ordinance, and that if Rent Controller was cheated by landlord and secured eviction of tenant on ground of reconstruction of premises, then would it be just and proper and could that be intention of law that such a deceitfully evicted tenant should first go to a criminal Court; seek eviction of landlord under S.13(5) of the Ordinance then pursue conviction of landlord in appellate and revisional Courts possibly up to Supreme Court to ensure that conviction was maintained, which exercise could take months and even years and then go back to Rent Controller asking for a direction to be put back into possession of premises wherefrom he had been cheated out--- Supreme Court granted leave to appeal to consider such questions for being of first impression.