Pakistan Case Law
1988 SCMR 1211

MANZOOR AHMAD Versus DISTRICT JUDGE, OKARA

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Citation1988 SCMR 1211
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.245 of 1988
Date1988-04-30
Judge(s)Muhammad Afzal Zullah and Javid Iqbal
Authored byJavid Iqbal
ResultPetition dismissed

ORDER

1. JAVID IQBAL, J .‑‑This petition has been filed by the petitioners and is directed against the judgment of the Lahore High Court, Lahore, dated 1st December, 1987.

2. Briefly the facts are that the petitioners were carrying on business in the rented shop belonging to the respondents. The respondents filed an eviction application inter alia on the ground that the premises were needed for the personal use of the respondents. The Rent Controller dismissed the application of the landlords but on appeal the District Judge reversed the finding of the Rent Controller on the ground that the personal need was genuine as the landlords were using rented premises and were entitled to get the petitioners evicted from their shop which was required for their personal use. Learned counsel for the petitioners argued before us that the respondents were carrying on their business in a rented shop and that they had not yet been evicted from that shop by the landlord of that shop. This is no ground for the grant of leave because this point has already been decided in Abdul Aziz v. Muhammad Ibrahim P L D 1977 S C 442 as well as Mumtaz Hussain v. Muhammad Iqbal 1984 S C M R 576. Since no law point is involved in this case the petition is dismissed.

3. Three months time is granted to the petitioners to vacate the disputed shop on their regularly paying the rent and vacating the same without protest as well as execution proceedings as this has been also conceded .to by the learned counsel for the respondents.

4. M.I. /M‑442/S Petition dismissed.

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