Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(3)(ii)---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction, exercise of---Courts below concurrently concluded that default in payment of rent had been proved and that landlord had fully proved his personal bona fide requirement in respect of property in dispute---Concurrent findings of fact of Courts below based on evidence on record, could not be disturbed in Constitutional jurisdiction of High Court. Kodumal-Kherajmal v. Seth Dema Mal P L D 1969 Quetta 21; Dr. Bano Abedin v. Dr. Haq Nawaz Arbab P L D 1982 Kar. 818; Allah Din v. Habib P L D 1982 SC 465; Rashid Ahmad v. Khushi Muhammad 1982 C L C 1618 and Ghulam Rasool Shah v. Kamal Khan 1986 S C M R 1605 rel. Ch. Muhammad Anwar Waraich for Petitioner. Syed Najumul Hassan Kazmi for Respondents Nos.3 to 10 Nemo for Respondents Nos. 1 and 2. Date of hearing: 10th February, 1991. JUDGMENT The petitioner through this Constitutional petition has prayed that orders dated 21-2-89 and 21-4-90 are without jurisdiction. The relevant facts are that Rehmat Ali predecessor-in-interest of respondents Nos.3 to 10 filed an ejectment petition under section 13 of Punjab Urban Rent Restriction Ordinance, 1959 in respect of shop situated at Nadeem Shaheed Road, Ichhra Lahore. The ejectment petition was filed on 11-1-1983 and the ejectment of the petitioner was sought on the ground of default in the payment of rent since September, 1982 and personal use. The rate of the rent was claimed to be RsJ00 per month. The petitioner contested this ejectment petition and alleged that the rate of rent is Rs.55 per month. The learned Rent Controller framed the following issues:-   Whether the respondent has defaulted in the payment of rent for the disputed period? O.P.P Whether the petitioner requires the disputed property for his personal as well as for the use of his children, in good faith? O.P.P Relief." The landlord in order to prove these issues examined Muhammad Rafiq as P .W. 1, Sarfraz Ali Shah as PW 2 and himself appeared as P.W. 3 while petitioner examined Muhammad Arshad as R.W.2, Manzoor Hussain as R.W.3 and himself appeared as…