Find a Lawyer

Civil Petition for Special Leave to Appeal No.357 of 1984, decided on 17th November, 1985.

‑‑‑Art. 185(3)‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(3)(a)(ii)‑‑Ejectment order based on bona fide personal need‑‑Challenged‑‑Plea that lease agreement contemplated continuance of tenancy on enhanced rate of rent and landlord was debarred from seeking eviction, repelled‑‑On proper interpretation of lease agreement, no basis found for holding that landlord intended to create a perpetual lease of benefit of tenant by depriving himself of benefit /facilities under Rent Law‑‑Petition dismissed.

Mrs. Zohra Begum v. Messrs Pakistan Burmah‑Shell Ltd. P L D 1984 S C 38 ref.

Malik Muhammad Qayyum, Advocate Supreme Court assisted by Mahmood A. Qureshi, Advocate‑on‑Record for the Petitioner.

Nemo for Respondents.

Date of hearing: 17th November, 1985.

‑‑This is a petition for leave to appeal from the judgment of Lahore High Court, dated 26‑3‑1984 dismissing a Constitutional petition filed by the petitioner and in result upholding the judgment of the District Judge, Sargodha passed on appeal by which petitioner was directed to hand over possession of the demised shop to respondent‑landlord. Learned District Judge reversed the finding of the Rent Controller and held that respondent‑landlord had successfully proved that he bona fide required the demised shop for himself and also for the use of his children.

2. It was in view of this finding of fact which is based on correct appreciation of the evidence recorded in the case that the High Court refused to interfere in exercise of its limited Constitutional jurisdiction and dismissed the petition.

3. Malik Muhammad Qayyum learned counsel for the petitioner submits that the High Court has failed to appreciate that the lease‑agreement executed by respondent‑landlord contemplated continuance of tenancy on enhanced rate of rent and as such respondent was debarred from seeking eviction. In this behalf learned counsel sought to rely on the rule laid down by this Court in Mrs. Zohra Begum v. Messrs Pakistan Burmah‑Shell Ltd. P L D 1984 S C 38. .

4. We find no substances in this plea, for, the High Court on proper interpretation of the lease‑agreement has correctly held that there is no basis for holding that the landlord .intended to create a perpetual lease for the benefit of the tenant by depriving himself of the benefits /facilities under the Rent Laws."

The petition is, therefore, dismissed.

M. I. 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.