MUHAMMAD SIDDIQ and others vs IJAZ ALI and others
This civil petition for leave to appeal challenged a Lahore High Court judgment that affirmed the eviction of tenants from a shop in Attock City. The respondents sought eviction on two grounds: default in rent payment and the requirement of the premises for reconstruction. The Rent Controller ordered eviction, a decision upheld by the Additional District Judge and subsequently the High Court. The primary legal question before the Supreme Court was whether the tenants were entitled to the restoration of possession in the newly constructed building under Section 13(5-B) of the Urban Rent Restriction Ordinance, 1959, given that reconstruction was one of the grounds for eviction. The Supreme Court held that the concurrent findings of the lower courts regarding rent default and the necessity of reconstruction were based on sound evidence and not subject to interference. Crucially, the Court ruled that the protection of Section 13(5-B) is unavailable when eviction is ordered not solely for reconstruction but also due to rent default. Consequently, the petition was dismissed, affirming that tenants evicted for multiple reasons, including default, cannot claim statutory restoration rights.
- Is a tenant entitled to restoration of possession under Section 13(5-B) of the Urban Rent Restriction Ordinance 1959 if eviction was ordered on grounds of both reconstruction and rent default?
- Can the Supreme Court interfere with concurrent findings of fact by lower courts regarding rent default and reconstruction requirements?
- Section 13(5-B), Urban Rent Restriction Ordinance 1959
ORDER
' HAMID ALI MIRZA, J.---This civil petition for leave to appeal is directed against the judgment dated 6-6-2000 in S.A.O. No,2 of 1998 passed by a learned Judge in Chambers of Lahore High Court, Rawalpindi Bench, whereby the said appeal was dismissed.
2. The brief facts of the case are that the respondents filed an eviction application against the petitioners in respect of shop No,D-165 situated in D-Block, Attock City on the grounds that they wanted to reconstruct the said shop and that the petitioners were defaulters in the payment of rent. The petitioners in their written statement denied that the said shop was required by the respondents for reconstruction or that they were defaulters in the payment of rent. The Rent Controller, after recording the evidence and hearing the parties, allowed the eviction application, holding that the respondents required the said shop for reconstruction and that the petitioners were defaulters in the payment of rent and consequently he ordered eviction of the petitioners. The petitioners filed Civil Appeal No,83 of 1996, which was heard by Additional District Judge Attock and was dismissed, maintaining the findings of the learned Civil Judge and Rent Controller. However, he observed that the petitioners ejectment being on the ground of reconstruction, therefore, the respondents shall be bound by the provisions of section 13(5-B) of the Urban Rent Restriction Ordinance, 1959. The petitioners filed S.A.O. 2 of 1998 before the High Court, which was also dismissed, maintaining the findings of the two Courts below.
3. We have heard the learned counsel for the petitioners and the caveators and perused the record.
4. Contention of the learned counsel for the petitioners is that there was neither default in the payment of rent, nor the respondent required the shop in question for reconstruction. He has also submitted that as the eviction of the petitioners has been ordered on the ground of reconstruction, therefore, petitioners would be entitled to the restoration of possession in the newly constructed building in terms of section 13(5-B) of the Urban Rent Restriction Ordinance, 1959, which relief was granted to the petitioners by the learned Additional District Judge but High Court has dismissed the appeal without granting the said protection.
5. We have gone through the evidence minutely with the help of the learned counsel for the petitioner who has not been able to pursuade us that the findings of the two Courts below and the High Court are based on misreading or non-reading of evidence and are illegal. Oral and documentary evidence led by the respondents proved that the petitioners were rightly held to be defaulters in the payment of ten months' rent under the law and the respondents required the shop in question for reconstruction. All the three Courts have given cogent and valid reasons for arriving at the findings, therefore, no exception can be taken to the said findings. So far the submission that the petitioners are entitled to the restoration of possession of the shop in question as provided under section 13(5-B) of the Urban Rent Restriction Ordinance, 1959, it may be observed that the ejectment of the petitioners has not been ordered solely on the ground of reconstruction of the shop- in question but at the same time on the ground of non-payment of the rent, therefore, the petitioners would not be entitled to the benefit of the said provisions of the law. In the circumstances, petition has no merits, which is hereby dismissed.
Cited by 1 case
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