| Citation(s) |
|---|
| 1981 SLG 86 1981 SLD 86 = 1981 CLC 327 |
First Rent Appeal No. 23 of 1980, decided on 8th November, 1980.
Ajmal Mian, J
MUHAMMAD YOUNUS‑Appellant
VERSUS
DR. S. MUZAMMIL ALI‑Respondent
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ‑ S. 13(2) (vi)‑Ejectment‑Landlord's statement on oath before Rent Controller, held, one of material pieces of evidence for consider ing question whether landlord requires premises in good faith/bona fide. Abdul Azlz and another v. Muhammad Ibrahim P L D 1977 S C 442 ; Muhammad Asghar and 5 others v. Mst. Jamila Khatoon 1979 C L C 367 ; Haji Ghulam Muhammad v. Abdul Qadir P L D 1975 Lah. 200 and Mansoor Ahmad v. Bashir Hussain Babri P L D 1977 Lab. 532 ref. (6) West Pakistan Urban Rent Restriction ordinance (VI of 1959)‑ _ S. 13(2) (vi)‑Ejectment ‑ Determination of personal require ments of landlord in good faith‑Principles. As regard `personal requirements' the principles culled from certain cases are If a landlord without any plausible reason fails to appear as witness before Rent Controller in support of his application for ejectment on ground of personal requirement in good faith, this 'will be fatal to his application ; Fact that landlord is putting up in a rented house itself simpliciter will not be sufficient to prove conclusively fact that landlord requires house bona fide for his personal occupation or for occupation of his children, but this will be a material fact to be considered alongwith other facts and attending circumstances ; Landlord's statement on oath in conformity with averments in rent application if not shaken in cross‑examination and if not disproved by evidence in rebuttal shall be sufficient to record finding in favour of landlord ; Landlord's failure to examine children for whose occupation he is seeking ejectment of a tenant will not be fatal if landlord's statement on oath is convincing and tenant has failed either to shake his statement in cross‑examination or to disprove by evidence in rebuttal ; if a landlord owns more than one residential building or shop which he has rented out, it is for him to decide which of residential buildings or shops he would like to occupy provided such choice is not prompted on account of bad faith. Landlord in possession…