Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(3)(ii) , 15

  West Pakistan Urban Rent- Restriction Ordinance (VI of 1959)--- ---- S. 13(3)(ii) --- Personal bona fide requirement --- Omission of i6ndlord, seeking ejectment of non-residential property, to disclose in his ejectment petition nature of business for which he required the premises in question was not fatal to his case ---Failure of -landlord to mention in his ejectment -petition that he was not occupying similar commercial property in same area suitable for his needs, was also not fatal to his case for ejectment. Haji Mohibullah & Co. and others v. Khawaja Bahauddin 1990 S C M R 1070 ref. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- S. 15 --- Appellate Court below neither applied independent mind, nor appraised evidence independently, but merely rephrased reasoning of Rent Controller ---Judgment of Appellate Court could not be sustained in circumstances. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- S. 15 --- Plea that memorandum of appeal having not been properly stamped, no relief could be granted to landlord was repelled in view of the fact that where a plaint or memorandum of appeal was undervalued or was incorrectly stamped, opportunity must be allowed to party to make up deficiency by supplying requisite stamps. Siddique Khan and 2 others v. Abdul Shakur Khan and another P L D 1984 SC 289 ref. Jari Ullah Khan for Petitioners. Nemo for Respondents Nos.1 and 2. Ch. Muhammad Hassan for Respondents Nos.3 and 4. Date of hearing: 13th February, 1991.   JUDGMENT Respondent Nos.3 and 4 are tenants in respect of Shop No.B-VII-S2-24 situate in Old Bazar, Nankana Sahib, Sheikhupura, under the petitioners at a monthly rent of Rs.100. On 15-5-1976, the petitioners applied to the Rent Controller under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959, seeking the eviction of the respondents from the shop on the grounds that they had damaged the property; that the property was required by the petitioners for their own use; and that the respondents had defaulted in the payment of rent. In their written reply, the respondents controverted the allegations and also raised certain preliminary…