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Petitioner: Sheikh ATAULLAH VS Respondent: MUHAMMAD NASEEM YAR KHAN
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Afzal Zullah Title: Sheikh ATAULLAH vs MUHAMMAD NASEEM YAR KHAN Case No.: Civil Petition No. 575 of 1979 A. O. No. 17 of 1978 Date of Judgment:1983-04-01 Reported As: 1983 SCMR 1062 Result: Leave granted
Judgment ORDER NASIM HASAN SHAH, J.-The appellate authority (Additional District judge) had accepted the plea of the petitioner herein that he required his shop (situate in Sialkot) and rented out to the respondent for his personal use and ordered his ejectment. On second appeal, the learned Single Judge of the Lahore High Court reversed this finding mainly on the assump--petition that the learned counsel for the petitioner herein on a query made by the learned Judge had stated that the petitioner herein "had been carrying on his business of import of stainless steel sheets for the last 7/8 years and he had given the shop in dispute on rent to the appellant (respondent herein) for the last 4/5 years'". On account of this reply the learned Judge thought that as the petitioner had already been carrying on his business when he gave the shop in dispute on rent to the respondent herein his assertion that he really needed the shop for his personal use could not be accepted. Our attention has been drawn to the relevant evidence and the post--petition emerging there from appears to be the reverse of what the learned Single Judge has thought it to be. As the evidence, prima facie, appear to have been misread the case requires further examination. Leave is granted. Security in the sum of Rs. 2,500. The appeal to be put up for hearing as soon as it is complete.