Law:

Section:

(a) Khyber Pakhtunkhwa Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Eviction of tenant---Reconstruction of rented premises---Permission for reconstruction obtained after decision on ejectment petition---Effect---Landlord filed an application for ejectment of tenants under S.13(2)(vi) of the Urban Rent Restriction Ordinance, 1959---Rent Controller dismissed the ejectment application---Appellate Court dismissed the appeal---Validity---Landlord was granted permission for reconstruction much after the decision of the Appellate Court---Case of the landlord did not fall within the ambit of S.13(2)(vi) of the Ordinance---Approval of building plan was neither placed before the Rent Controller nor before the Appellate Court in order to substantiate the contention of the landlord for reconstruction or erection of a new building and the petition under Article 199 of the Constitution could not be held to be continuation of the ejectment application filed before the Rent Controller---Application of landlord was premature, as such, it was rightly dismissed by both the lower fora---Order of ejectment on the ground of reconstruction and good faith could only be passed after holding proper inquiry/trial---Writ petition was dismissed. Muhammad Hussain v. Muhammad Siddique and 2 others PLD 1988 SC 731 ref. (b) Khyber Pakhtunkhwa Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Eviction of tenant---Reconstruction of rented premises---Scope---No restriction exists for seeking the eviction of the tenant on the ground of reconstruction of the demised premises subject to the conditions as provided in S.13(2)(vi) of the Rent Restriction Ordinance, 1959---No requirement of the law for the landlord to establish that the demised premises are in dilapidated or in dangerous condition because the landlord has a right to improve his property despite the building may not be in dilapidated condition, however, S. 13(2)(vi) has provided a mechanism which manifests that the building or rented land is reasonably and in good faith required by the landlord for reconstruction or erection of a building on the site, and the landlord has obtained necessary…

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