MUHAMMAD ISHAQ vs A. R. KHAN — 1982 CLC 562

Citation: 1982 CLC 562

Court: Lahore High Court

Year: 1969

Decision Date: 1969-11-19

Parties: MUHAMMAD ISHAQ vs A. R. KHAN

Headnotes

Case cited as 1982 CLC 562

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq Title: MUHAMMAD ISHAQ vs A. R. KHAN Case No.: Second Appeal from Original Order No. 367 of 1967 Date of Judgment:1969-11-19 Reported As: 1982 CLC 562 Result: H. JUDGMENT JUDGMENT This second appeal is by the landlord Haji Muhammad Ishaq and has arisen out of an application made by him under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as the Ordinance) for the ejectment of the respondent tenant from a shop situate on the Mall, Murree. The appellant had prayed for ejectment of the tenant on .The ground that he required the premises for the use of his son Muhammad Ayub who had no other shop in his possession, nor had he vacated any shop within the Murree Municipal Area. 2. The application was resisted by the tenant on the ground that the landlord was in the habit of forcing his tenants to pay enhanced rents by bringing ejectment proceedings, and that the application had been brought for the reason that he had refused to pay enhanced rent as demanded by the landlord. It was asserted that the application was mala fide, as the members of the landlord's family never did any business, depending as they did solely on rents derived from property. It was also alleged that the landlord's son was doing business at the family shop in Rawalpindi. 3. The learned Rent Controller framed the following two issues :- (1) Whether the petition is mala fide? (2) Whether the petitioner…

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