Hakim AZIZ AHMAD vs IJAZUL MULK — 1962 PLD 837

Citation: 1962 PLD 837

Court: Lahore High Court

Year: 1970

Decision Date: 1970-09-08

Parties: Hakim AZIZ AHMAD vs IJAZUL MULK

Headnotes

Case cited as PLD 1962 Kar. 837

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Akram Title: Hakim AZIZ AHMAD vs IJAZUL MULK Case No.: Second Appeal from Order No, 272 of 1967 Date of Judgment:1970-09-08 Reported As: PLD 1971 Lahore 305 Result: Appeal dismissed JUDGMENT JUDGMENT This is a second appeal, by a landlord against his tenant, against the order dated the 28th of March 1967, passed by the Additional District Judge, Lahore, on appeal, under section 15(4) of the West Pakistan Urban Rent Restriction Ordinance VI of 1959 (hereinafter called the Ordinance). 2. The brief facts are that on the 17th of January 1963, the appellant moved an application against the respondent under section 13(3)(a)(0(a) of the Ordinance before the Rent Controller, Lahore, for his ejectment from the residential building in dispute. He inter alia alleged that the tenant has built a house of his own in the urban areas, that he had caused damage to the property in dispute and impaired its utility and that the building was required by the appellant in good faith for his personal use and occupation and, therefore, he was liable for ejectment from the premises. The respondent in his written statement admitted the tenancy but denied the rest of the allegations against him and contested his liability for ejectment on any of those grounds. He admitted that he had started to build a house for him in Sodhiwal, but its construction could not be completed and was abandoned for want of sufficient funds and is lying in an uninhabitable…

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