Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ¬ S. 13(5)(5 A) Ejectment All Courts below concurrently finding respondent landlord reasonably and bona fide intending to demolish existing shop and reconstructing same by amalgamating big own shop with that of his uncle Landlord's uncle also filing ejectment application against his tenant and such application succeed¬ing in sense of tenant having agreed to vacate premises within a year Not possible, held, in circumstances, to hold respon¬dent having merely adopted a device to pressurize petitioner into paying higher rent Provisions of S 12(5) & (5 A), held further, provide sufficient safeguards against adoption of any dishonest device by landlord in such cases. ORDER ANWARUL HAQ, C. J. This petition seeks leave to appeal against an order made by a learre3 Judge of the Peshawar High Court on the 10th of January 1978, by which the second appeal filed by the present petitioner against the order of his ejectment from the shop in dispute was dismissed in limine. In the application filed on the 23rd of September 1975, by the respondent landlord, it was averred Mat he wanted to demolish the shop in Question, and to reconstruct it after amalgamating the same with the adjoining shop of his uncle Ghulam Nabi. He also stated that he had obtained the necessary sanction from the Municipal Committee Mansehra for this purpose. The application was accepted by the learned Rent Controller by his order dated the 31st of May 1977. An appeal filed by the petitioner was dismissed by the learned District Judge, Mansehra on 2 10 1977. The concurrent findings of both these Courts have been upheld by the High Court. It is contended by the learned counsel for the petitioner that all the Courts below have failed to appreciate that the requirement of the respondent was neither reasonable nor bonafide, as the application filed by his uncle Ghulam Nabi for the ejectment of his tenant was deliberately allowed to remain pending in the Court of the Rent Controller, and one day after the order of the High Court in the present case. Ghulam Nabi entered into a compromise with his tenant, permitting him a…

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