Law:

Section:

(a) Civil Procedure Cods (V of 1908)- -----O. XLI r. 11-Appeal-Dismissal in limine--Contention that second appeal could only be dismissed in limine after summoning and examining record by Judge concerned-Held, contrary to express pro, visions of r. 11 of O. XLI.-[Second appeal]. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- -- S. 13(3) &'(4)--Ejcetment of tenant--Personal requirement of land­lord: Thara and chaubara--Not suitable for a goldsmith's shop--Shop on first flour, held, not as suitable for gold smith's business as a shop on ground floor--Contention that landlord had already suit able shop to run his business rejected. (c) Went Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- S. 13(3) & (4)--Ejectment of tenant---Personal requirement of land­lord-Contention that landlord having owned another shop jointly with another and getting tenant evicted there from suitable shop already existed-Held: Respondent's joint ownership of such shop not established--Joint ownership even on assumption of having existed, shop being let out on a higher rent four years earlier, respondent's good faith not impaired. (d) Civil Procedure Code (V of 1908)-- ---O. XVI, rr. 4 & 7 read with O. XX, rr. 4 & 5--Judgment---Vicw of tribunal turning on questions of fact not pleaded--Helot, based on mis­reading of law. JUDGMENT DORAB PATEL, J.-This petition for leave to appeal has been filed against an order of a learned Single Judge of the Lahore High Court by which the learned Single Judge dismissed the petitioner's appeal against the order of the District Judge, Jhelum, directing the petitioner's eviction from the- shop leased to him by the respondents. We will refer to this shop as the said shop. According to Mr. Ansari, it was situated in the commercial area of Jhelum and Was evacuee property and when settlement operations began, the said shop, the thara outside it, the chaubara over it and another shop were jointly transferred by the Settle­ment Department to Muhammad Islam, the predecessor- in-interest of the respondents, and to one Ghulam Mohyuddin, Muhammad Islam's brother. However, although according to learned counsel, the said…

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