HAFEEZAN COAL COMPANY Versus ABDUL QAYYUM

ORDER

1. 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.

2. 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.

3. 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.

4. No ground for interference, therefore, exists. This petition, accordingly, fails and is dismissed hereby.

5. M.I. /H-28/S Petition dismissed.