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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ASHFAQ AHMED VS Respondent: Mst. SHEERIN BAI MUHAMMAD ALI
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: ASHFAQ AHMED vs Mst. SHEERIN BAI MUHAMMAD ALI Case No.: Civil Petition for Leave to Appeal No. 323-R of 1989 A.O. No. 52 of 1986 Date of Judgment:1991-07-01 Reported As: 1991 SCMR 1497 Result: Leave refused
Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought in a Cantonment Rent Restriction matter by a tenant; against the acceptance by the High Court of respondent's (landlady) appeal. The petitioner has been ordered to be evicted on ground of requirement of the building for reconstruction. It consists of multiple units. Learned counsel for the caveator has stated that the landlord has succeeded in regard to the two other units. And the impediment in reconstruction, is only of the unit involved in this case. The learned counsel for the petitioner without refuting the above statement has contended that under section 14 of Cantonments Rent Restriction Act a "commercial" building cannot be converted into "residential" one, without the requisite permission. And because no such permission was obtained by the landlady, therefore, the intended reconstruction of this commercial building being for "residential" purpose, the petitioner could not be evicted. The High Court has properly dealt with this point. We may add that strictly speaking the bar of section 14 would not be attracted because the proposed reconstruction of the building will not be only for "residential" purpose. It will be a composite building consisting of "Commercial and Residential" units. Be that as it may, we agree with the High Court that section 14 by itself is no bar to respondent's seeking eviction of the petitioner in this case. Leave to appeal, accordingly, is refused.