DR. A. R. KHAN vs MUHAMMAD ISHAQUE — 1972 SCMR 437

Citation: 1972 SCMR 437

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-01

Parties: DR. A. R. KHAN vs MUHAMMAD ISHAQUE

Headnotes

Case cited as 1972 SCMR 437

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: DR. A. R. KHAN vs MUHAMMAD ISHAQUE Case No.: Civil Appeal No. 77 of 1970 Date of Judgment:1971-12-01 Reported As: 1972 SCMR 437 Result: Appeal dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-The brief facts leading up to this appeal, by special leave, are as follows: The appellant, Dr. A. R. Khan, has been running a clinic since a 1957 in a tenanted premises bearing No. 117/1, Exchange Building, The Mall, Murree, which belongs to the respondent, Muhammad Ishaque. The latter sought the ejectment of the appellant under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as `the Ordinance') on the ground that he required the premises in question in good faith for installing his son, Muhammad Ayub, in business, who had no other shop in his possession in the urban area of Murree suitable for his needs. This prayer was made in terms of clause (ii) of subsection (3) (a) of section 13 of the Ordinance, which is as follows: "13 (3) (a).-A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession- (ii) in the case of non-residential building or a scheduled building or rented land, if- (a) he requires it in good faith for his own use or for the use of any of his male children; (b) he or his said child is not occupying in the same urban area in which such building is situated for the purpose…

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