Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Syed HAMID MAHMOOD GILANI VS Respondent: ABDUL REHMAN
Court Name: Supreme Court of Pakistan Judge(s): Saeeduzzaman Siddiqui, Abdul Qadeer Chaudhry Title: Syed HAMID MAHMOOD GILANI vs ABDUL REHMAN Case No.: Civil Petition No, 85-P of 1992 F.A.O. No, 20/1991 Date of Judgment:1994-05-24 Reported As: 1996 SCMR 1097 Result: Leave refused
JUDGMENT
JUDGMENT ' ABDUL QADEER CHAUDHRY, J.---The petitioner seeks leave to appeal against the judgment of the High Court dated 22-2-1992. 2. The facts, in brief, are that the petitioner brought an application for the ejectment of the respondent on the ground of personal bona fide need. The application was contested. The learned Rent Controller dismissed the application. the learned Judge in Chambers maintained the order of the Rent Controller. It may be stated that first ejectment application was filed by son of the petitioner on the ground that he required the premises in question for his own personal use. The application for ejectment was dismissed in default, but the rent of the property was increased from Rs,400 to Rs,600 per month. After the dismissal of the first application, the petitioner moved the ejectment application after about 3 months on the same ground. It may also be mentioned that in the present application the rent of the shop in question is mentioned Rs,600, therefore, it can definitely be said that the earlier application moved by the son was with the consent of the petitioner. In the second application the petitioner did not mention the institution of the first application. The petitioner was already running a clinic when his son had moved the application for ejectment of the respondent; as such the petitioner has failed to establish his bona fide need of the shop. ' This petition has no substance. The same is dismissed and the leave prayed for is refused.