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Petitioner: TURNER SMITH & CO. LTD: VS Respondent: ADDITIONAL DISTRICT JUDGE And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: TURNER SMITH & CO. LTD: vs ADDITIONAL DISTRICT JUDGE And Other Case No.: Civil Petition No. 748 of 1988 Writ Petition No.2666 of 1986 Date of Judgment:1988-08-30 Reported As: 1991 SCMR 1333 Result: Leave refused
Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---A tenant having been ordered to be ejected on the ground of personal requirement of the landlord under the Rent Restriction law, has brought under challenge the dismissal by the High Court, of his Writ Petition. Learned counsel raised two-fold contentions; (1) that the respondent landlord had failed to establish his bona fide personal requirement and (2) that the premises in question having been rented out as an industrial concern, .The petitioner could not have been evicted through proceedings under the Rent Restriction law. Regarding the first contention, the argument of the learned counsel is that the property in dispute being an open land with the industrial structure thereon it is not as suitable for the respondents' need as his other land which is lying vacant near the property in dispute. It has not impressed us. If the property in question has been found to be more suitable for the landlord's needs, the petitioner/tenant is hardly in any better position than the landlord to influence the tatter's judgment regarding suitability of the site. His suggestion, therefore, cannot be given effect at this stage. Regarding the character of the property in dispute, even if it is assumed for the sake of argument that an industrial concern would fall outside the jurisdiction of the Rent Controller under the present law as contended by the learned counsel, the perusal of the relevant record shows that the property in dispute was not rented out to the petitioner as an industrial concern. That being so, leave to appeal is refused.