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BASHIR AHMED versus MUHAMMAD BASHIR-MUHAMMAD NAZIR & CO.


Section 13 (3) (a) (ii) of a firm's withdrawal orders exists for the firm from its partners although it does not separate the firm from its partners for the purposes of the section. 13 (3) (a) (ii) The words of the Ordinance, for its own possession, cannot be owned by any of its partners or their son Premise, which is owned by him. Can only be vacated by the firm and not. For any partner's son's use

981 C L C 689

[Lahore]

Before Khurshid Ahmad, J

BASHIR AHMED‑Petitioner

versus

MUHAMMAD BASHIR‑MUHAMMAD NAZIR & Co.‑ Respondent

Second Appeal from Original Order No. 290 of 1975, decided on 16th October, 1979.

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

S. 13(3) (a) (ii)‑Eviction‑Premises held by a firm‑A firm has a separate existence from its partners though it does not acquire a, corporate status‑Firm's existence being different from that of its partners for purposes of S. 13(3) (a) (ii) of Ordinance, words for his own occupation' cannot be relegated to any of its partners or their sons‑Premises owned by a firm, held, can only be got vacated for use by firm and not for use of a son of any partner.

Akhtar All v. Umatul Islam P L D 1979 S C 816 and Messrs Fankson & Co. v. Muhammad Hussain P L D 1973 Notes 141 at p. 213 fol.

Miss 1. Ali Muhammad v. Muhammad Shafi P L D 1971 S C 494; Dr. Pershotem v. Ferozeshah and others P L D 1962 Kar. 293; Motal Bai v. Abdul Aziz and others P L D 1968 Kar. 635; Mr, B. A. Sheikh v. The Custodian, Evacuee Property, West Pakistan and another P L D 1960 S C 330 Yaqoob v. Additional Ejectment Commissioner, Karachi 1973 S C M R 116 and Surgan & Company v. Landhu Ram Bal Kishan Das A I R 1941 Nag. 105 ref.

A. R. Shaukat Ali and M. Yunus Bhatti for Petitioner.

Ch. Muhammad Iqbal for Respondent.

Dates of hearing: 8th and 10th October, 1979.

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