AKBAR ALI versus ZOAIB ALI

Sections 13 (2) (iv) and 5 (b) Submission of Tenant for Reconstruction Disposal of one or other premises in a newly renovated building to the tenant, renter's right to rehabilitation. Can be (5B) redundant

1981 C L C 592

[Karachi]

Before Fakhruddin G. Ebrahim, J

AKBAR ALI‑Appellant

versus

ZOAIB ALI AND 5 OTHERS‑Respondents

Second Appeal No. 257 of 1973, decided on 10th May, 1980

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑

-----S. 13 (2) (iv) & 5 (B)‑‑Eviction of tenant for reconstruction‑‑ Landlord, held, obliged after reconstruction to put tenant in possession of new premises as nearly as possible on same site as originally occupied by tenant‑Landlord if given unrestricted discretion to give one or other premises in newly‑constructed building to evicted tenant, tenant's right of restoration, may become illusory making subsec tion (5‑B) redundant.

Abdul Manan v. Karam Ellahi P L D 1,971 Quetta 1 and Abdul Bari v. Khadim Hussain P L D 1978 S C 78 ref.

Rehanul Hassan Farooqui for Appellant. Sayeed A. Shaikh for Respondent.

Date of hearing : 10th May, 1980.

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