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FAZAL KARIM versus MUHAMMAD USMAN


Section 13 (3) (a) Withdrawal of personal need evidence arises sufficiently to prove the claim of the landlord's own personal property claim against the order to exclude emissions on such score.

1981 C L C 1393

[Karachi]

Before Sajjad Ali Shah, J

FAZAL KARIM ‑‑Appellant

versus

MUHAMMAD USMAN‑‑Respondent

Second Appeal No. 437 of 1918, decided on 16th September, 1930.

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

--‑‑ Civil Procedure Code (V of 1908)‑‑Rent Controller, held, not a Court and not bound by procedure prescribed in Civil Procedure Code, 1908 ‑Intention of Ordinance (VI of 1959) stated.

Rent Controller is not a Court. He conducts inquiry in a quasi-judicial manner and not bound by Civil Procedure Code. He has wide discretion to conduct inquiry but that discretion is to be exercised in a judicial manner in accordance with principles of natural justice. Intention behind Ordinance (VI of 1959) is manifestly clear that proceedings are intended to be free from legal and procedural intricacies in order to be short and uncomplicated.

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

‑‑ S. 13 (3) (a)‑Ejectment‑‑Personal requirement‑Evidence produced snore than sufficient to prove claim of landlord qua his personal requirement of property‑‑‑Appeal against order of eject ment on such score dismissed.

Iqbal Kazi for Appellant.

Mansoorul Arfin for Respondent.

Dates of hearing : 27th and 31st August, 1980.

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