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Petitioner: MUHAMMAD SHARIF VS Respondent: ADDITIONAL DISTRICT JUDGE, LAHORE And Other
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Nasim Hasan Shah Title: MUHAMMAD SHARIF vs ADDITIONAL DISTRICT JUDGE, LAHORE And Other Case No.: Civil Petition No.1116 of 1989 Date of Judgment:1989-10-31 Reported As: 1991 SCMR 1917 Result: Petition dismissed
Judgment ORDER GHULAM MUJADDID, J.---On 4-5-1989, Rent Controller, Lahore, ordered ejectment of Muhammad Sharif petitioner from shop in property No.C/1045, Chata Bazar, Lahore. He appealed to the District Judge. On 5-6-1989, the Additional District Judge dismissed the same. Muhammad Sharif invoked the Constitution jurisdiction of the Lahore High Court. The Constitution petition met the same fate. Now he seeks leave to appeal against the judgment of the Lahore High Court dated 3-9-1989. Learned counsel appearing for the petitioner repeated the sane contentions which had been raised before the High Court and were repelled. His main emphasis was that the second application was not maintainable. The landlord failed to prove that his requirement was genuine. These submissions have no force. The second application for ejectment was repeated after the lapse of seventeen years. In the first application the landlord wanted the property for his personal use. The second application was for his own as well as for his son's requirement. No time limit can be fixed for changed circumstances and accordingly for personal requirement. All that is required is that the Court must make sure that the requirement was genuine. This has been done. The petition is without any merit. Dismissed.