Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(2)(i),13(2)(vi)

REMARKS: Eviction Dispute

Ground of reconstruction of rented premises. Section 13(2)(iv). Though the landlord is under an obligation to get permission for reconstruction from the competent authority prior to filing of application but the permission sanctioned during pendency of ejectment application, is sufficient for eviction of the tenant from rented premises being the prerogative of the landlord. Since the terms utility bills is included in the definition of rent thus, non-payment of utility bills during the period within which the rented premises are in possession of tenant is default under second proviso to sub-section 2 of section 13 of Urban Rent Restriction Ordinance of 1959.

 Summary of the Judgment – Writ Petition No. 582-P / 2024 

The landlords filed an ejectment application seeking eviction of the tenant (respondent No.1) from a rented shop in Faisal Market, Mardan.