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1982 SCMR 456

MUZAFFAR SHAH vs ABDUL KHALIQ

Citation1982 SCMR 456
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 1-P of 1982 S. A. O. No. 60 of 19811
Date1982-02-16
Judge(s)Shahnawaz Khan, Muhammad Afzal Zullah, Muhammad Haleem
ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from the judgment dated 31-10- 1981 of the Peshawar High Court whereby a second appeal filed by the appellant (tenant) arising out of an order of his ejectment on the ground of personal requirement of the respondent-landlord for the use of his house in question by his son, was dismissed. There are concurrent findings of the three learned Courts that the respondent's. Son was going to be married and that the house in question was needed o accommodate the newly wedded couple. The learned counsel when faced with this difficulty, in support of this petition, contended that it was admitted in the evidence adduced by the landlord that if and when the house was vacated by the petitioner, it would be given by the respondent to the would-be daughter-in-l--aw, in lieu of her dower. The copies of the evidence regarding this aspect --of the case have not been filed with this petition notwithstanding the require--ment in that behalf contained in the rules of the Supreme Court. It is therefore, not possible to hold, as argued by the learned counsel that the requirement for the use of the respondent's son is contradictory to the alleged requirement for giving the house as dower and further that the latter requirement is not covered by the statute. It appears, however, from the finding of the Courts below that the landlord primarily requires the house for the house of his son so that the latter could be accommodated therein after his marriage. That being so, the impugned judgment does not suffer from any infirmity, legal or otherwise. This petition is, therefore, dismissed.

2. Petitioner is allowed one month's time on undertaking to surrender possession voluntarily and also to pay rent for this period.

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