MUHAMMAD HAFEEZ versus ABDUL RASHID KHAN

Section 13 was read with the Civil Procedure Code (V of 1908), A. XXIII, r 1 filing a solicitation request for personal necessity but after the withdrawal due to compromise, the respondent filed a retraction request. The way in which homes need to be maintained to educate them. Defendants' children's disputes in schools and colleges are not disputed, in which case the former withdrawal request will be withdrawn; in this case, a fresh removal request for personal need will not be banned.

1981 C L C 796

[Lahore]

Before Manzoor Hussain Sial, J

MUHAMMAD HAFEEZ AND 4 OTHERS‑‑Appellants

versus

ABDUL RASHID KHAN‑Respondent

Second Appeal from original Order No. 528 of 1976, decided on 24th November, 1980.

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

S. 13 read with Civil Procedure Code (V of 1908), O. XXIII, r. 1 Respondent filing ejectment petition on ground of personal need but later on withdrawing it because of compromise‑‑Respondent again filing ejectment petition requiring house to maintain children therein for imparting education to them‑Fact of respondent's children being in Schools and Colleges not disputed‑Mere withdrawal of earlier ejectment petition in circumstances, held, would not debar fresh application for ejectment for personal need.

Noor Muhammad Chaudhry for Appellants.

Tariq Masood for Respondent.

Date of hearing : 24th November, 1980.

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