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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ASGHAR ALI And Others VS Respondent: ABDUL GHAFFAR ABDUL REHAN
Court Name: Supreme Court of Pakistan Judge(s): Zaffar Hussain Mirza, Abdul Qadir Sheikh, S. A. Nusrat Title: ASGHAR ALI And Others vs ABDUL GHAFFAR ABDUL REHAN Case No.:Civil Petition for Special Leave to Appeal No. K-84 of 1984 First Appeal No.
716 of 1980 Date of Judgment:1984-06-06 Reported As: 1985 SCMR 1300 Result: Leave granted Judgment ORDER ABDUL KADIR SHAIKH, J.--The Rent Controller Karachi allowed petitioners' application for respondent's eviction on the ground that they had successfully proved that the demised premises were required by them bona fide for reconstruction of the building. On appeal by the respondent, High Court set aside the order of the Rent Controller on the ground that since respondent was a tenant of a shop located in a Commercial building, and in the proposed new building which was for residential purposes, the benefit available to him under section 13 (5B) of the West Pakistan Urban Rent Restriction Ordinance, 1959 was not available to him, petitioners were not entitled to evict him. 2. Mr. Nazir Ahmad Siddiqui, learned counsel appearing in support of this petition for leave to appeal from the judgment of the High Court submits that the view taken by .The learned Judges in the High Court is in conflict with the principle laid down by this Court in Abdul Hadi alias Abdul Hadi Hasan and to others v., Syed Ali Haider and others PLD 1983 SC 342 and Abdul Bari v. Khadim Hussain PLD 1978 SC 78. We find that in the case of Zoab v. Akbar Ali 1983 SCM R 391, this Court has taken somewhat different view. Since the point raised by the learned counsel is of general legal importance and is likely to affect a large number of cases. We grant leave to appeal and allow the petition. Security Rs. 2,000. 3. Appeal to be heard on the present record. It is, however, open to the parties to file additional documents. 4. It is only appropriate that this appeal should be heard by a Bench of not less than five Judges in order to render .An authoritative decision.