SHAMIM AKHTAR Versus MINHAJUL ABIDIN KHAN

ORDER

1. ABDUL KADIR SHAIKH, J .‑‑This is a petition for leave to appeal from the judgment of Baluchistan High Court dated 5‑5‑1988 by which an appeal filed by respondents was allowed with the result that the order of the Rent Controller directing respondents' eviction from the demised premises was set aside.

2. Petitioner had sought respondents' eviction on the ground that the demised premises were required for use of her son Muhammad Zahoor, who in fact was her step‑son, being the son of her late husband. The view that prevailed with the High Court in allowing the appeal was that the term "step‑son" is not included within the meaning of the word "children" as defined in Section 13(3)(a)(ii) of the Baluchistan Urban Rent Restriction Ordinance, 1959. In this behalf, learned Judge in the High Court relied on the decision of the Lahore High Court reported as Sirajuddin v. Mst. Rehmat Bibi and others (1983 C L C Lah. 2090).

3. Mr. Muhammad Aslam Chishti, learned counsel appearing in support of the petition for leave to appeal from the judgment of the High Court submits that the word "children" in the aforesaid provision of law is wide enough to include a step‑son. Learned counsel with reference to the above reported case pointed out that the view that prevailed in that case was based on the concession of the opposite party in that case, and since this is a question of general public importance an authoritative decision of this Court is necessary.

4. We are also of the view that the question raised is of general public importance which would affect large number of cases and should be authoritatively settled by this Court. We therefore grant leave to appeal and allow the petition. Security Rs.1,000.

5. The appeal will be heard on the present record but it is open to the parties to file additional documents, if any.

6. M. I./S‑183/S Leave granted.