Find a Lawyer

Civil Petition for Special Leave to Appeal No. 8 of 1975, decided on 12th March,1980.

(On appeal from the judgment and order of the Lahore High Court, dated 25th October 1974 in S. A. O. 9 of 1974).

S. 13 (3)(a)(ii)-Personal requirement-Landlord proving to have no other shop besides shop in question and his intent to rue his own business in shop leased out to petitioner-Petitioner, held, liable to be evicted on such ground alone besides for failure to pay rent-Fact of eviction application filed against petitioner having been dismissed while building remained in joint possession of landlord-respondent and others, held, cannot be relied on principle of resjudicata.

M. Aslam Khan, Advocate Sh. Abdul Karim, Advocate-on-Record for Petitioner.

Kh. Mushtaq Ahmad for Respondent.

Date of hearing : 12th March 1980.

-The dispute in this, petition for leave relates to a shop in Anarkali in Lahore and the three Courts below have ordered the petitioner's eviction on the ground of non-payment of rent and on the ground that the respondent who is the owner of the shop requires it in good faith for his own business.

In order to get over the concurrent findings of the three Courts that the petitioner was in habitual default in the payment of rent, learned counsel stated that the house in which the shop in dispute is situated had originally been owned by the brother-in-law of the petitioner, who had transferred it to the respondent and four other persons including one Abdul Karim. Now, whilst the building was the joint property of the respondent and the others they had sought the petitioner' eviction but that application had been dismissed. Thereafter they had partitioned the building and the shop in dispute passed to the char of the respondent, who had called upon the petitioner to pay the rent to him. Instead the petitioner offered rent to one Abdul Karim one f the former co-owners. But, Abdul Karim also directed the peti tioner to attorn to the respondent. As the petitioner persisted in not acknowledging the respondent's title, the Courts below have rightly held hat the petitioner's failure to pay rent amounted to wilful default in e payment of rent.

Learned counsel's only plea was that the partition between the respondents and Abdul Karim and others was collusive but the question hither it was collusive is a question of fact on which the Courts have been unanimous in rejecting the petitioner's plea which we may add does not impress us as it did not impress the Courts below.

Additionally, the respondent has proved that he does not have any other shop and that he wants to run his own business in the shop leased to the petitioner. Therefore, on the law declared by this Court on this B ground alone the petitioner is liable to be evicted and for the reasons given in the judgment under appeal, the petitioner's reliance on the principle of resjudicata is totally misconceived.

The petition is without merit and is dismissed.

Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.