Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: PROVINCE OF PUNJAB Through SECRETARY EDUCATION, LAHORE And Others VS Respondent: The ADDITIONAL DISTRICT JUDGE, LAHORE And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Saad Saood Jan Title:PROVINCE OF PUNJAB Through SECRETARY EDUCATION, LAHORE And Others
vs The ADDITIONAL DISTRICT JUDGE, LAHORE And Other Case No.: Civil Petition No. 626 of 1986 Writ Petition No. 3456 of 1985 Date of Judgment:1987-04-22 Reported As: 1987 SCMR 1173 Result: Leave granted Judgment ORDER NASIM HASAN SHAH, J.--This is a petition for leave against the judgments passed by the Courts below whereby ejectment of the petitioner herein who is running a school in the premises has been ordered. The landlord-in his petition sought the ejectment of the petitioner, inter alia, on the following ground:---- "That the rented premises is required in good faith and bona fide manner by the petitioner for his own use and for the use of his sons. At present the petitioner and his sons are not in occupation of any other vacant premises suitable to his requirement nor any such premises was previously got vacated and rented out in the urban area where the property in question is situated. However, at the trial of the position taken up by the landlord was that he required the premises to establish a school and in this connection stated as follows:---- The petitioner was found liable to ejectment on the ground that the landlord was entitled to get the tenant ejected under the provisions of clause 3 (a) (i) of section 13 of the Punjab Rent Restriction Ordinance which lays down, inter alia:--- "3 (a)-- A landlord may apply to the Controller for the order directing the tenant to put the landlord in possession- (i) in the case of a residential building, if- (a) he requires it in good faith for his own occupation or for the occupation of any of his children." Prima facie this proviso would apply where the landlord requires the building for his own occupation or for the occupation of any of his children and not for any commercial purpose such
---
## Page 2
as running a school in the premises. Even otherwise to give effect to the plea of the landlord that he needs the premises for running a school when a school is already functioning therein would appear to make nonsense of the provisions of clause (a) (i) of subsection (3) of section 13 of the Ordinance. The question, therefore, inter alia, arises whether a landlord can get a building vacated under clause (a) (i) of subsection (3) of section 13 of the Ordinance for establishing a school and not for his own residence? The appeal shall be made ready on the present record with liberty to the parties to add further documents, if any and put up for hearing as early as possible. The interim order of the stay passed on 16-12-1986 will remain in operation during the pendency of the appeal.