Law: West Pakistan Urban Rent Restriction Ordinance, (VI of 1959)

Section: (3)(ii),13,13(2)(i)(iii),15

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13(2)(i), (iii), (3)(ii) & 15---Constitution of Pakistan, Art.199---Constitutional petition---Petition for ejectment of tenant on grounds of default in payment of rent, causing material damage to property and for personal bona fide need of landlady---Non-return of security amount (pagri) admitted by landlady---Effect---Ejectment petition was concurrently accepted by Rent Controller and Appellate Authority---Validity---Receipt of payment of security ("Pagri") amounting to Rs.1,10,000 from tenant was admitted by landlady as well as in agreement on the basis of which tenancy was created in favour of the tenant, but landlady had failed to prove its return to the tenant---Landlady having failed to prove by any sort of evidence the return of said "Pagri" amount, constitutional petition was accepted to the extent of payment of security ("Pagri") amount---Judgments and decrees of the courts below were modified to the extent of payment of Rs.1,10,000 as security amount to be paid by the landlady to the tenant---Remaining findings of the courts below were maintained as same were not questioned by the counsel for the tenant. THIS JUDGMENT DELIVERED BY: SYED SAJJAD HASSAN SHAH, J.--- Mst. Sarwari Begum respondent No.1 has filed petition under section 13 of the Urban Rent Restriction Ordinance, 1959, before the learned Rent Controller Dera Ismail Khan, wherein she has sought ejectment of the present petitioner from Shop No.2, situated in Khyber Market D.I. Khan, fully described in the heading of the petition and for the recovery of outstanding rent for the past ten months at the fate of Rs.1250 per month and future rent at the same rate. It is averred by the respondent-landlady in her petition that initially the demised premises was rented out to the petitioner-tenant on monthly rent of Rs.500 but later on the rent was increased up to Rs.1250 per month on the basis of agreement. That the security amount (Pagri), paid by the petitioner-tenant, has already been returned to him. The grounds agitated by the respondent-landlady in her petition are, that petitioner-tenant chronic defaulter in payment of…

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