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1991 SCMR 1917

MUHAMMAD SHARIF vs ADDITIONAL DISTRICT JUDGE, LAHORE And Other

Citation1991 SCMR 1917
CourtSupreme Court of Pakistan
Case No.Civil Petition No.1116 of 1989
Date1989-10-31
Judge(s)Ghulam Mujaddid Mirza, Nasim Hasan Shah
ResultPetition dismissed

ORDER

1. GHULAM MUJADDID, J.---On 4-5-1989, Rent Controller, Lahore, ordered ejectment of Muhammad Sharif petitioner from shop in property No.C/1045, Chata Bazar, Lahore. He appealed to the District Judge. On 5-6-1989, the Additional District Judge dismissed the same.

2. Muhammad Sharif invoked the Constitution jurisdiction of the Lahore High Court. The Constitution petition met the same fate.

3. Now he seeks leave to appeal against the judgment of the Lahore High Court dated 3-9-1989.

4. Learned counsel appearing for the petitioner repeated the sane contentions which had been raised before the High Court and were repelled.

5. His main emphasis was that the second application was not maintainable. The landlord failed to prove that his requirement was genuine.

6. These submissions have no force. The second application for ejectment was repeated after the lapse of seventeen years.

7. In the first application the landlord wanted the property for his personal use. The second application was for his own as well as for his son's requirement.

8. No time limit can be fixed for changed circumstances and accordingly for personal requirement.

9. All that is required is that the Court must make sure that the requirement was genuine. This has been done. The petition is without any merit.

10. Dismissed.

Cited by 1 case

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