HABIB ISMAIL BAJWA vs Khawaja GHULAM MOHY UD DIN — 1957 PLD 54

Citation: 1957 PLD 54

Court: Lahore High Court

Year: 1969

Decision Date: 1969-10-01

Parties: HABIB ISMAIL BAJWA vs Khawaja GHULAM MOHY UD DIN

Headnotes

Case cited as PLD 1957 Kar. 54

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: HABIB ISMAIL BAJWA vs Khawaja GHULAM MOHY UD DIN Case No.: Second Appeal from Order No. 315 of 1967 Date of Judgment:1969-10-01 Reported As: PLD 1970 Lahore 428 Result: Case remanded JUDGMENT JUDGMENT Khawaja Ghulam Mohy-ud-Din (hereinafter called the landlord) filed an application under section 13 of the West Pakistan Urban Rent Restriction Ordinance (VI of 1959), (hereinafter called the Ordinance), for eviction of Mr. Habib Ismail Bajwa, Advocate (hereinafter called the tenant) on the ground that the property in dispute was needed by the landlord for his own personal need and occupation. The application was rejected by the learned Rent Controller on 25-10-1966. The landlord filed an appeal which was accepted by the learned Addl. District Judge, Lahore, by means of his judgment and order, dated 7-9-1967, whereby he directed the eviction of the tenant. The tenant has come up in second appeal to this Court. 2. An aspect of the case which is worth-mentioning and cause, which a good deal of arguments were addressed before me is as follows :- (a) That on 27-7-1964, the learned Rent Controller framed the following two issues :- (i) Whether the property in dispute comes within the definition of scheduled building ? If so, what is its effect (O. P. R.). (ii) Whether the petitioner requires the property in dispute for his bona fide personal use? (O. P. A.). (iii) Relief. (b) After framing the above issues, the case…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.