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Petitioner: MUHAMMAD TUFAIL VS Respondent: Kh. MUHAMMAD SADIQ
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Karam Elahi Chauhan Title: MUHAMMAD TUFAIL vs Kh. MUHAMMAD SADIQ Case No.: Civil Petition for Special Leave to Appeal No. 783 of 1980 S. A. O. No. 687/78 Date of Judgment:1980-07-14 Reported As: 1981 SCMR 161 Result: Petition dismissed
Judgment ORDER KARAM ELAHEE CHAUHAN, J.-The petitioner who is a tenant was directed to be ejected from the shop in dispute-(described more fully in the petition)-by the learned Rent Controller by his order dated 21-5-1976, on the ground that it was needed by the respondent/landlord for his personal use/need after reconstruction. The first appeal and second appeal of the petitioner against the aforesaid order were dismissed by the learned District Judge and the High Court on 18-10-1978 and 20-5-1980 respectively. 2. The petitioner has come up in a petition for special leave to appeal against the same to this Court. 3. We have heard the learned counsel at length. In our opinion the case is concluded by a concurrent finding of fact by the three courts below the landlord requires this shop for his personal bona fide use/need after reconstruction. The learned counsel could not convince us that the case suffered from violation of any principle of law applicable to cases of this type, and all the arguments raised before us pertained merely to appreciation of evidence which it is well settled is no ground to grant special leave. The Courts below have given cogent reasons to show that the landlord has a genuine need to accommodate his son and himself and for that purpose to reconstruct the shop. The landlord has got necessary plan approved from the proper authority. If he does not raise the construction the la take care of it by providing for a relevant action which can be taken in that respect. 4. The result is that this petition has no merit and is dismissed. However, the petitioner is given two months time to vacate the property voluntarily without any hurdle and without causing any
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damage to it and subject to payment of rent in accordance with law and clearing the arrears in to at the time of handing over possession to the landlord.