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1975 SCMR 249

INAMULLAH HASHMI vs IRFAN QURESHI

Citation1975 SCMR 249
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, K-104 of 1974
Date1974-05-17
Judge(s)Salahuddin Ahmad, Muhammad Gul
ResultPetition dismissed

ORDER

1. ' SALAHUDDIN AHMED, J.-This petition arises out of an application for ejectment on the ground of bona fide personal need of the landlord, the respondent herein. The application was allowed by the trial Court, but on appeal by the petitioner who was the tenant the learned Additional District Judge reversed the decision of the trial Court. The respondent filed a second appeal before the High Court and the order of the trial Court directing ejectment was restored. The High Court has agreed with the finding of the trial Court that the respondent-landlord did require the house in question for his bona fide personal use.

2. It has been contended before us that the application for ejectment was mala fide. The High Court having agreed with the Rent Controller that the house was required bona fide for personal use, this contention cannot now be permitted to be raised, as it has been concluded by findings of fact.

3. ' The petitioner has next challenged the sale whereby the respondent purchased the house in dispute. This contention again is not tenable in view of the letter written by the petitioner's lawyer in response to the notice served on him by the respondent. In the said letter the change of ownership of the house in question was noted and it was stated that the petitioner would pay the rent to the respondent from the 1st of November 1969, at certain rate.

4. ' No point of law has been raised before us nor does it arise on the facts of the case. The petition is, accordingly, dismissed.

5. ' We however, allow the petitioner two months' time from date to vacate the quarter in question.

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