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SIRAJUL HAQUE versus NIZAMUDDIN


Section 13 (3) (a) (i) Personal Neighborhood Home, consisting of nine people, including a son and a sick granddaughter, with an average sized room and two small rooms with facilities. Includes, can not be described as appropriate and the need for a home, in a suit, is not a good thing

1981 C L C 864

[Karachi]

Before Saeeduzzaman Siddiqui, J

Munshi SIRAJUL HAQUE‑Appellant

versus

NIZAMUDDIN‑Respondent

Civil Appeal No. 176 of 1978, decided on 3rd May, 1980.

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

‑‑ S. 13 (3) (a) (i)‑Personal need‑Landlord's family consisting of nine members including a son about to be married and an ailing grand‑daughter‑Present accommodate consisting of one average size room and two small rooms with amenities, held, cannot be described as sufficient and requirement of house, in suit, bona fide.

Nooruddin and others v Asghar Ali 1968 S C M R 1087 and Abdus Salam v. Dr. Najam Pariyo 1976 S C M R 52 rel.

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

‑‑ S. 13 (3) (a) (i)‑Good faith of landlord‑To be judged from evidence on record.

Hap Ghulam Muhammad v. Abdul Qadir P L D 1975 Lah. 200 ref.

(c) West Pakistan Urban Rent Restriction Ordinance (V1 of 1959)‑

‑‑ S. 15 (4), Explanation read with Civil Procedure Code (V of 1S08), S. 100‑Secend appeal‑ Concurrent finding of fact‑Another view of evidence possible‑ Such fact alone, held, could not be ground for interference by High Court with concurrent finding of facts in second appeal.‑[Finding of tact].

S. Mumtazuddin for Appellant.

S. Ishtiaq Ali for Respondent.

Date of hearing : 3rd May, 1980.

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