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Citation: 1970 SCMR 539
Court: Supreme Court of Pakistan
Year: 1969
Decision Date: 1969-12-31
Parties: KHALIL AHMAD SIDDIQUI vs B. F. CABRAL
Case cited as 1970 SCMR 539
Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: KHALIL AHMAD SIDDIQUI vs B. F. CABRAL Case No.:Civil Petition for Special Leave to Appeal No. K-48 of 1969 2nd Appeal No. JUDGMENT Reported As: 1970 SCMR 539 Result: Leave refused Judgment JUDGMENT M. R. KHAN, J.-The dispute in this case relates to residen--tial bungalow No. 555 J. M. 3/62/2, Catholic Co-operative Housing Society, Dadabhoy Nooroji Road, Jamshed Quarters, Karachi. The petitioner was in occupation of the bungalow as a tenant of the respondent. In 1964, the respondent made an application for eviction of the petitioner on the ground that he required the bungalow for his own occupation. This application was rejected by the Controller whose order was confirmed on appeal by the Additional District Judge, Karachi. On second appeal by the respondent, a learned Single Judge of the High Court of West Pakistan, Karachi Bench, reversed the order appealed against and passed a decree for eviction. The petitioner now seeks special leave to appeal from the order of eviction passed by the High Court. Learned counsel for the petitioner submits that the require--ments of subsection (3) of section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 were not satisfied in this case so as to entitle the respondent to claim eviction. According to the learned counsel, the respondent who had been in occu--pation of another residential house of his own sold away…
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