Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13 , 15

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- Ss. 13 & 15 --- Ejectment application on ground of default and personal requirement --- Appellate Court had non-suited landlord mainly on ground that landlord alongwith co-sharer got a duly sanctioned plan from Authority concerned for re-construction of building in dispute, but that fact was not disclosed by him in his ejectment petition --- No law required such a disclosure, nor it was necessarv for landlord to have disclosed the facts which had no direct relevance with the dispute in view of the fact that ejectment of tenant was sought by landlord on grounds of default and personal need. Haji Mohibullah & Co. and others v. Khawaja Bahauddin 1990 S C M R 1070 ref. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- Ss. 13 (3) (ii) & 15 --- Personal bona Fide requirement --- Shop presently in possession of landlord was owned by his mother and he admittedly was occupying same as a tenant under his mother ---Occupation of shop as a tenant, could not in any manner render landlord as ineligible to have his own shop vacated for the purposes of his business --- Omission of landlord to disclose in his ejectment application that he was occupying similar commercial property in the same area suitable for his need, would also not be fatal when shop presently in his possession did not belong to him, but was a rented shop. Abdul Aziz and another v. Muhammad Ibrahim P L D 1977 S C 442; Shakir Hussain Chishty v. E.A. Breganza P L D 1984 Kar. 141; Abdullah v. Hasan Abbas 1985 C L C 892 and Haji Mohibullah & Co. and others v. Khawaja Bahauddin 1990 S C M R 1070 ref. Muhammad Ghani for Petitioner. Muhammad Abdul Wahid for Respondent No-1. Nemo for Respondents No.2 to 6. Date of hearing: 2nd March. 1991- JUDGMENT On 8th December, 1983, an application under Section 13 of the Punjab Urban Rent. 'Restriction Ordinance, 1959, riled by the petitioner against respondent No.1 seeking his eviction from a shop situated in Block 4, Sargodha, which was in his possession as a tenant at a rent of Rs.300 per month, on the grounds of default in payment of rent and bona Fide personal…