ABDUL MANAN vs Haji KARAM ELLAHI AND ANOTHER — 1968 PLD 45

Citation: 1968 PLD 45

Court: Balochistan High Court

Year: 1970

Decision Date: 1970-07-22

Parties: ABDUL MANAN vs Haji KARAM ELLAHI AND ANOTHER

Headnotes

Case cited as PLD 1968 Quetta 45

Judgment Text

Court Name: Balochistan High Court Judge(s): Dorab Patel Title: ABDUL MANAN vs Haji KARAM ELLAHI AND ANOTHER Case No.: S. A. O. No, 22 of 1969 Date of Judgment:1970-07-22 Reported As: PLD 1971 Quetta 1 Result: Appeal dismissed JUDGMENT JUDGMENT This appeal turns on the interpretation of subsection (2)(vi) of section 13 of the West Pakistan Urban Rent Restriction Ordinance 1959 (hereafter called the said Ordinance). The first respondent to whom I shall refer as the respondent, is the owner of a property on Share Iqbal, Quetta and for about 15 years the appellant has been his tenant of a small portion of this property. The portion measures only about 28 square feet, and as both the learned counsel referred to it as a Khokha, I shall also do so. In the events that happened, the respondent wanted to eject the appellant from this Khokha, therefore on 5th April 1965 he filed an application before the Rent Controller, Quetta for ejectment of the respondents under section 13 of the said Ordinance. The respondent had advanced two pleas in support of this application, namely, that he wanted to demolish and reconstruct his property including the Khokha for his own use, and that the appellant had illegally sublet the Khokha. The learned Rent Controller rejected both these pleas and by his judgment dated the 11th June 1969 he dismissed the respondent's ejectment application. However, I have to observe here that the provisions of subsection (2) (vi) of section 13 of the said Ordinance…

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