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1989 SCMR 1321

MUHAMMAD YOUNAS vs NASEER AHMAD and others

Citation1989 SCMR 1321
CourtSupreme Court of Pakistan
Case No.Civil Petition No,169 of 1989
Date1989-03-15
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, J.--The petitioner was a tenant under respondents Nos. 1 and 2 in a shop situate in Paisa Akhbar Street, New Anarkali, Lahore. The said respondents moved an application before the Rent Controller for his eviction on the ground that it was needed by one of them namely, respondent No, 1, for personal need. The application was allowed by the Rent Controller but in appeal by the petitioner the District Judge, Lahore set aside the order of eviction and dismissed the application. The respondents invoked the constitutional jurisdiction of the High Court to call in question the legality of the order of the District Judge. A learned Single Judge accepted the writ petition, quashed the order of the District Judge and restored that of the Rent Controller.The petitioner seeks leave to appeal from the order of the High Court.

2. After examining the record, the High Court found that the reasons given by the learned District Judge in rejecting the plea of personal need were entirely untenable and that the learned District Judge had proceeded to discard the landlords evidence on grounds not recognised by law. We have heard the learned counsel for the petitioner and we are of the view that the view taken by the High Court does not suffer from any infirmity. The petition is dismissed.

Cited by 1 case

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