Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(2)

West Pakistan, Urban Rent Restriction. Ordinance (VI of 1959), S. 13(2)(vi) read with S. 2(a)-Ejectment-Significance of words "let for any purpose" appearing in S. 2(a)-Whole building let for any purpose to a tenant-Whole premises constitute a "building" Huge building let in parts to various tenants-Each such portion is a "building" by itself-Only a portion of a huge building needed for demolition-Tenants in respect of other part of building-Cannot be evicted. The definition of "building" in section 2(a), West Pakistan Urban Rent Restriction Ordinance, 1959, would show that the emphasis therein is on its having been ' let for any purpose." If the whole building is let for any purpose to a tenant, then the whole premises constitutes a building, but if a huge building is let in parts to various tenants, then each part so let is a building by itself. Having regard to the definition of building under section 2(a) and the provisions of section 13(2) (vi) the position comes to be, that where a part of a huge building is let to a tenant, then since that part constitutes a building (for the tenant), then it should be that part which should be needed for demolition and construction. Similarly, if the main building is let to one tenant then the whole of that building constitutes a building and the same i.e., whole of it should be needed for demolition and construction. Applying this principle to the facts and circumstances of the present case, the mere fact that some of the parts of the main building were to be demolished and constructed, it was not necessary that a tenant from his part should compulsorily be thrown out, if, for instance his, part (which constitutes a building for him) was not to be touched at all or was to be touched only in (imma terial) parts. The theory that tenancy is always one single unit, entity or institution, which cannot be severed, is not wholly true. As for example, where a landlord assigns a part of his ownership to another then vis-a-vis the new owner of a part of the demised premises, the tenancy will get severed and he will be in a position to enforce his rights with regard to his part.…