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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: HAFEEZAN COAL COMPANY VS Respondent: ABDUL QAYYUM
1988 S C M R 397
1988 S C M R 397
Present: Muhammad Afzal Zullah and Nasim Hasan Shah, JJ
Messrs HAFEEZAN COAL COMPANY and others--Petitioners
versus
ABDUL QAYYUM--Respondent
Civil Petition No. K-255 of 1987, decided on 8th November, 1987.
(On appeal from the judgment dated 3-5-1987 of the High Court of Baluchistan at Quetta in F . A . O . No. 38 of 1987) .
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--
---S.13--Constitution of Pakistan (1973), Art. 185(3)--Ejectment- Personal need of landlord for residence--Commercial use of premises- Effect of--Ejectment on ground of personal need of landlord for residence, challenged--Contention raised that room in question being a commercial unit, its ejectment could not be sought on ground of personal need for residence of landlord--Dictum in P L D 1985 S C 242 being fully applicable to facts and circumstances of the case- Impugned order did not warrant interference--Leave to appeal refused
Syed Amjad Ali Shah v. Iqbal Ahmad Farooqui and others PLD 1985 S C 242 fol.
Akhlaq Ahmad Siddiqi, Advocate-on-Record for Petitioners.
Talmiz S.Burney, Advocate Supreme Court for Respondent.
Date of hearing: 8th November, 1987.
ORDER
NASIM HASAN SHAH, J.--The respondent sought the ejectment of the petitioners from a room belonging to them which is located in a residential building but was being used by the petitioners for commercial purposes. The Courts below ordered the ejectment of the petitioners. Hence this petition for leave to appeal.
The contention raised by the learned counsel for the petitioners is that the room in question being a commercial unit, its ejectment cannot be sought on the ground of personal need for the residence of the landlord. The learned Judge of the High Court rejected this plea observing that a contention of a similar nature was rejected by this Court in the case of Syed Amjad Ali Shah v. Iqbal Ahmed Farooqui and others (P L D 1985 S C 242) in which case the entire relevant law was considered.
We agree with the view expressed by the learned Single Judge in the High Court because the dictum in the aforementioned case of Syed Amjad Ali Shah is fully applicable and attracted to the fact and circumstances of this case.
No ground for interference, therefore, exists. This petition, accordingly, fails and is dismissed hereby.
M.I. /H-28/S Petition dismissed.