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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: NISAR AHMAD KHAN VS Respondent: NOOR MUHAMMAD KHAN and 6 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: NISAR AHMAD KHAN vs NOOR MUHAMMAD KHAN and 6 others Case No.: Civil Petition for Leave to Appeal No, 560 of 1989 Date of Judgment:1989-06-13 Reported As: 1990 SCMR 544 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a tenant; against the dismissal by the High Court, of his writ petition. It had arisen out of order of his ejectment under the Rent Restriction Law. ' Learned counsel for the petitioner vehemently contended that proper attention has not been paid to the petitioner's plea that the landlord side had at one time wanted to increase the rent, therefore, it was a mala fide application for eviction. The issue of personal requirement accordingly should have been decided against them. We cannot accept the very wide argument vis-a-vis, the demand for increase of rent, as presented by the learned counsel. Such a demand per se can neither be a basis for a finding of mala fides nor such like alleged mala fides, can be the basis for rejection of an application for eviction, in every case. Nothing has been pointed out in this case, so as to demonstrate that the demand of increased rent even if factually made, would make the subsequent demand for eviction on ground of personal requirement, as otherwise than bona fide. ' The High Court judgment notwithstanding the so-called error pointed out by the learned counsel, thus remains unexceptionable. Leave to appeal, therefore, is refused. ' By the consent of both the learned counsel the petitioner is allowed four months further time to surrender vacant possession to the respondents side, without notice and without execution proceedings; but subject to regular payment of agreed rent.