Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction, exercise of---Ejectment sought by landlord on grounds of default in payment of rent, personal bona fide need and damage caused to property---Courts below allowing ejectment on grounds of default and personal requirement by landlord in good faith---Such concurrent findings based on evidence brought on record neither suffering from any misreading nor non-reading of evidence, could not be interfered with in Constitutional jurisdiction of High Court. Muhammad Ali v. Mumtaz Hussain Lali P L D 1989 Lah. 187 ref. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(3)(ii)---Personal bona fide requirement---Not essential that landlord seeking ejectment of tenant from business premises on basis of his personal use, should physically occupy same---Landlord was within his right to get business conducted in premises through servants. Shahriyar Ali Patudi and 3 others v. Messrs Decora Furnishers P L D 1985 Kar. 47; Imran Ullah Khan v. Muhammad Umar 1984 C L C 645; Muhammad Zaman v. Mahboob Ellahi P L D 1981 Lah. 609; Rais Ahmad Barqi v. Sheikh Abdul Qayyum 1984 C L C 1057 and Rehmat Ali and another v. Muhammad Wajid and another 1984 C L C 1693 ref. Riyasat Ali for Petitioner. Mirza Nasir Ahmad for Respondent No.l. Nemo for Respondents Nos. 2 and 3. Date of hearing: 11th February, 1991. JUDGMENT The petitioner through this Constitutional petition has challenged the orders of respondents Nos.2 and 3 through this Constitutional petition.   2. The relevant facts are that the petitioner is occupying shop No3-A Main Bazar, Mughalpura Ganj as a tenant under respondent No.l. The rate of rent is Rs.125 per month. The landlord instituted ejectment petition on 16-1-1986 and sought the ejectment of the petitioner on the ground of default w.e.f. April, 1985, personal need and damage. The petitioner contested this petition. The learned Rent Controller accordingly framed following issues:------ Whether the respondent in a wilful defaulter towards the payment of rent? OPA. Whether the shop in question is required…