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MUHAMMAD FAROOQ versus ADDITIONAL DISTRICT JUDGE, RAWALPINDI


Article 185 (3) of the West Pakistan Citizen Rental Ordinance (VI of 1959), Article 13 is unable to identify any fault of any law or principle by the rent controlling authorities for the personal need of the landlord. Requires the intervention of the writ jurisdiction under Court rejects writ petition against eviction

1984 S C M R 883

Present: Nasim Hasan Shah and S. A. Nusrat, JJ

MUHAMMAD FAROOQ AND ANOTHER‑Petitioners

Versus

ADDITIONAL DISTRICT JUDGE, RAWALPINDI AND ANOTHER‑--Respondents

Civil Petition for Special Leave to Appeal No. 93‑R of 1984, decided on 27th March, 1984.

(On appeal from the judgment, dated 21st March, 1984, of the Lahore High Court Rawalpindi Bench in W. P. No. 108/1984).

Constitution of Pakistan (1973)‑‑

---Art. 185 (3)‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13‑Ejectment for personal need of landlord‑Tenant unable to point out any error of law or principle committed by Rent Control authorities which required interference in writ jurisdiction Order of High Court dismissing writ petition against ejectment, there fore, unexceptionable‑Petition for leave to appeal dismissed.

M. Kowkab Iqbal, Advocate Supreme Court and Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing : 27th March, 1984.

ORDER

NASIM HASAN SHAH, J.‑

This petition for leave to appeal is directed against the judgment dated 21‑3‑1984 passed by a learned Single Judge of the Lahore High Court Rawalpindi Bench, whereby he dismissed the writ petition preferred by the petitioners against the order of the Rent Controller directing their ejectment from the shop in dispute on the ground, inter alia, of personal need, which order was upheld, on appeal, by the learned Additional District Judge.

We have heard Mr. M. Kowkab Iqbal, in support of this petition. He has not been able to point out any error of the law or principle committed by the Rent Control authorities, which required interference in writ jurisdiction. The order of the High Court is, thus, unexceptionable. This petition, directed against the said order, must, therefore, fail.

The petitioners, however, are allowed two months' time in order to enable them to make alternative arrangements for shifting their business to another commercial premises.

This petition, subject to the above direction, stands dismissed.

M.Z. M. Petition dismissed.

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