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1983 SCMR 1038

MUHAMMAD ARSHAD And OTHERS vs MUHAMMAD MAQBOOL AND Other

Citation1983 SCMR 1038
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 231 of 1983 S. A. O. No. 746 of
Date1983-03-11
Judge(s)Muhammad Afzal Zullah, M. S. H. Qureshi
ResultPetition dismissed

ORDER

1. MUHAHIMAD AFZAL ZULLAH, J.--Although the learned Judge in the High Court while dismissing tenants' appeal in the short order dated 29th January. 1983, remarked that reasons would be recorded separately, one reason was specifically mentioned, namely, that it is not established that the shop in question was an industry and was outside the purview of the Rent Restriction Ordinance.

2. Learned counsel has argued that the impugned order is not detailed enough to show that finding of fact recorded by the two forums below (that it was merely an engine-repair shop), was upheld.

3. We with the help of the learned counsel, having scrutinized the relevant material ourselves, do not consider it a fit case for re-opening the finding of fact, which is unexceptionable. Therefore, the questions that the building in dispute is not a shop and it is so-called industry do not arise any more. That being so, it is not necessary to examine the question whether an industry (if it is in a building) would not be subject to the jurisdiction of a learned (tent Controller, as argued by the learned counsel in this case.

4. The petition is accordingly dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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