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1989 SCMR 1106

MUHAMMAD FAZIL KIANI vs Raja SHAHBAZ KHAN

Citation1989 SCMR 1106
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,86/R of 1988
Date1989-04-11
Judge(s)Ali Hussain Qazilbash, Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a landlord in a Cantonment area, against the acceptance by the High Court of tenant/respondent's appeal against eviction which was ordered on the ground of personal requirement of the petitioner.

2. According to learned counsel the case of the petitioner was that he was occupying a rented premises in Lahore while his other family members being in Rawalpindi he bona fide wanted to shift to Rawalpindi and occupy the premises in dispute. He has also contended that the approach of the learned Judge in the High Court requiring a landlord to establish the requirement or need as being "indispensable", is beyond the legal requirement. He has also, with respect, commented upon some other observations in the impugned judgment, as well.

3. ' In order to further establish his bona fides the learned counsel states that if the Court required, the petitioner offers security undertaking, that he would shift to Rawalpindi and occupy the premises in question within the statutory period if the respondent is ordered to be evicted with the further condition that he would not vacate the premises for as long a period as would be fixed by the respondent. Prima facie, there could not be any better offer from a landlord in a case like the present one to show his bona fides.

4. ' In the light of what has been stated above leave to appeal is granted subject to the petitioner's submitting an undertaking in the abovereferred terms in writing as soon as possible but in any case before the hearing of the appeal.

5. ' Security Rs,5,000.

6. ' The appeal shall be prepared on the present record; with, direction to the parties to file all additional documents, which would be necessary for its disposal.

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