Qazi MUHAMMAD QADIR KHAN vs Molvi GHULAM MOHYUDDIN AND ANOTHER — 1970 SCMR 449

Citation: 1970 SCMR 449

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-13

Parties: Qazi MUHAMMAD QADIR KHAN vs Molvi GHULAM MOHYUDDIN AND ANOTHER

Headnotes

Case cited as 1970 SCMR 449

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: Qazi MUHAMMAD QADIR KHAN vs Molvi GHULAM MOHYUDDIN AND ANOTHER Case No.: Civil Petitions for Special Leave to Appeal Nos. K-100 and K-102 of 1969 Date of Judgment:1970-01-13 Reported As: 1970 SCMR 449 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-This order will dispose of Civil Petitions for Special Leave to Appeal Nos. K- 100 and K-102 of 1969, which arise out of an order of the High Court of West Pakistan, Quetta Circuit, dated the 5th August 1969. Respondents brought two applications under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, for ejectment of the petitioner from house No. 4-8/18, McConghey Road, Quetta and house and godown situated on Khasra No. 4395, Muhkum Street, Quetta, on the ground of non-payment of rent for 17 months from the 1st May 1964 to the 30th September 1965, at the rate of Rs. 42 p.m. And on the ground that the premises in dispute were required for reconstruction. The petitioner resisted these applications. He denied the title of the respondents and claimed that he was not their tenant. He further contended that he had constructed a godown at the cost of Rs. 4,000 and the respondents were not entitled to evict him without payment of compensation. The Rent Controller, on the 27th July 1967, ordered the ejectment of the petitioner from the property in dispute. This order was set aside by the First Appellate…

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