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AMANUL HAQ versus SAEED HUSSAIN BOKHARI


Article 185 (3) Ordinance of Restrictions on West Pakistan Citizens Rent (VI of 1959), Section 13 (2) (vi) Order on eviction based on reconstruction Plain which is in possession of the tenant is affected by the proposed reconstruction. No, the site was postponed after studying the project. Denied permission to appeal / relevant evidence

1985 S C M R 649

Present: Aslam Riaz Hussain and Shafiur Rahman, JJ

AMANUL HAQ‑‑Petitioner

versus

SAEED HUSS‑AIN BOKHARI and others‑‑Respondents

Civil Petition for Special Leave to Appeal No. 183 of 1982, decided on 15th March, 1982.

(Against the order of the Lahore High Court, dated 13‑2‑1982, passed in S.A.0. No. 603 of 1978).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(2)(vi)‑‑Ejectment order on ground of reconstruction‑‑Plea that room occupied by tenant would not be affected by proposed reconstruction, repelled after studying site plan/relevant evidence Leave to appeal refused.

Malik Muhammad Nawaz, Advocate Supreme Court with Tanvir Ahmad, Advocate‑on‑Record for Petitioner. .

Sh. Abdul Karim Advocate‑on‑Record for Respondent No.l.

Nemo for the Remaining Respondents.

Date of hearing: 15th March, 1982.

ORDER

ASLAM RIAZ HUSSAIN, J.

‑‑ Amanul Haq, petitioner seeks Leave to Appeal against the order of a learned Single Judge of the High Court, dated 13‑2‑1982, dismissing his S.A.O. in a rent matter.

2. The respondents‑landlords filed an application for ejectment of the petitioner on the ground of re‑construction which was allowed. His first and second appeals also failed.

Hence the present petition

3. The only contention urged by the petitioner is that according to the site plan submitted by the respondents‑landlords, the room in his occupation would not be affected by the proposed re‑construction.

We have studied the site plan, gone through the relevant portion of the evidence and heard the learned counsel for the petitioner, at some length, and are not inclined to agree with him.

The petition is, therefore, dismissed as being without any merit.

M .I Leave refused.

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