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Petitioner: ABDUL GHAFOOR RISHI VS Respondent: RAZA MUHAMMAD KHANHonorable Justice ABDUL KADIR SHAIKH
1988 S C M R 1869
1988 S C M R 1869
Present: Abdul Kadir Shaikh and Zaffar Hussain Mirza, J
Haji ABDUL GHAFOOR RISHI‑‑Appellant
versus
RAZA MUHAMMAD KHAN‑‑Respondent
Civil Appeal No.18‑Q of 1987, decided on 2nd June, 1988.
(On appeal from the judgment/order of Baluchistan High Court. Quetta, dated 4‑10‑1986 in F . A . 0. No.47 of 1986).
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑
‑‑‑S.15(6)‑‑Ejectment on ground of personal need‑‑Landlord obtaining possession of other accommodation during pendency of appeal‑‑Effect of‑‑Question arising whether accommodation which came into possession of landlord during pendency of appeal of respondent before High Court, along with other accommodation already in his possession, was not suitable for his needs so as to disqualify respondent's eviction from demised premises‑‑Supreme Court with consent of both parties, accepted appeal, set aside impugned order and remanded case to High Court for holding inquiry by itself or through Rent Controller and decide appeal of respondent afresh.
Iftikhar Muhammad, Advocate‑on‑Record for Appellant. S. A. M. Quadri, Advocate‑on‑Record for Respondent.
Date of hearing: 2nd June, 1988.
ORDER
ABDUL KADIR SHAIKH, J.‑‑By consent of the learned counsel for the parties this appeal is allowed and the impugned judgment of the High Court is set aside and. the case is remanded to the High Court for holding further inquiry by itself or through the Rent Controller as contemplated under section 15(6) of the Baluchistan Rent Restriction Ordinance, 1959, to decide the appeal of the respondent afresh after deciding the following question:
"Whether the accommodation which came into possession of appellant /landlord during pendency of the appeal of the respondent before the High Court along with other accommodation already in his possession is not suitable for his needs so as to disqualify respondent's eviction from the demised premises." The parties are left to bear their own costs.
M.I./A‑299/S Order accordingly.