Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------S. 13 Ejectment Requirement for personal use House allegedly purchased by landlady ostensibly in name of her minor son during pendency of ejectment proceedings No evidence adduced in proof of such allegation No presumption in circumstances of minor being merely benamidar for landlady Minor's father a well placed man and could well afford to purchase such house for landlady's minor son `'No reason, held, to interfere with concurrent findings of fact recorded by Courts below regarding premises in dispute being required by landlady for her personal use and occupation in good faith. ORDER MUHAMMAD AKRAM, J. This is a petition for special leave to appeal from the judgment dated 26th of November 1975 passed by a learned fudge of the Lahore High Court at Lahore, dismissing the S. A. O. No. 48 of 1971 filed by the two petitioners herein, against the respondents. In brief the relevant facts are that the house in dispute bearing No. 87 88, Maqam Hayat, Syta Ram Bagh, Sargodha belonged to respondent No. 2 and was held by the petitioners as tenants under them. He however, made a gift of the same in favour of her daughter Mst. Ruqaya Begum respondent No. 1. After the transfer she served a notice on the petitioners in accordance with section 13 A of the Urban Rent Restriction Ordinance informing them about the transfer. Afterwards on the 4th of September 1965 she filed an application against the petitioners under section 13 of the Urban Rent Restriction Ordinance for their ejectment from the premises on the ground that they had committed the default in the payment of the rent due to her since February 1958 and also because she required the premises in good faith for her personal use and occupation. Before, the Rent Controller petitioner No. 2 did not appear in spite of service and was proceeded ex parte. However, petitioner No. I in his written reply denied the relationship of landlord and tenant between the parties and contested the application for their ejectment. On the 3rd of July 1970, the Rent Controller, Sargodha found no difficulty in holding from the evidence that the relationship of landlord and…

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