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2004 C.L.R. 366

Bata Pakistan Ltd. vs Sheikh Muhammad Amjad

Citation2004 C.L.R. 366
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 377-L of 2003
Date2003-03-05
Judge(s)Falak Sher, Karamat Nazir Bhandari
ResultPetition Allowed

FALAK SHER, J.-- Aggrieved by the judgment in affirmance of a learned Judge of the Lahore High Court, Lahore dismissing petitioner's SAO No. 102 of 2001 upholding the findings recorded by Additional District, Judge, Sialkot, granting the respondent's ejectment petition on the ground of personal need on 20.11.2001 reversing the rent Controller's order dismissing the ejectment petition on 8.5.2000, vide the impugned judgment dated 22.1.2001, captioned petition for leave to appeal was re-coursed.

2. During course of motion hearing whereof, learned counsel on re-consideration prayed that the petitioner's grievance would be sufficiently redressed, if reasonable time is allowed to enable him to make suitable alternative arrangements. In view whereof, the respondent was put on notice.

Pursuant whereto the latter has entered appearance and the parties after negotiation have arrived at compromise.

3. Whereunder, the petitioner has been allowed to continue occupying the suit shop till 31.12.2003 conventing to hand over vacant possession thereof unto the respondent by that ate without recourse to execution proceedings (in the event of failure whereof the respondent would be entitled to recover the possession forthwith through Police help) regularly defraying the rental due, with a right to adjust Rs.30,000/- having been paid to the respondent for raising construction thereupon.

4. Consequently converting the petition into appeal, is accordingly allowed, setting aside the impugned order. The parties are left to bear their respective costs. .

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