Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(4)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(4)-Ejectment petition-Non-suiting of landlord on ground that he had filed two other ejectment applications in respect of shops other than shop in question, held, not just and proper-Inference against bona fide need also not justified in circumstances.                                                                                                                    ORDER This is a second appeal against an order for the ejectment of the appel lant, Master Chiragh Din from a shop belonging to the respondent, Mran Anwar Rashid. 2. The appellant's ejectment was ordered by a Rent Controller on the ground of personal need of the respondent. Thereupon, the appellant went in appeal before an Additional District 'Judge but that was dismissed. He has, therefore, come up in second appeal to this Court. 3. Learned counsel for the appellant contended that the respondent had not been able to prove that he required the shop in dispute, in good faith, for his own occupation. The respondent examined two witnesses and also himself went into the witness-box to show that the shop ill question was need ed by him for doing business. In rebuttal, there are the statements of three witnesses, including that of the appellant. They endeavored to show that the ejectment proceedings were aimed at securing increase in the rent. The learned Additional District Judge did not rely on the testimony of the appellant's witnesses for the reason that "they have not referred to any occa sion when he (respondent) or anybody on his behalf demanded enhanced rent." Learned counsel for the appellant has not pointed out anything in their statements to enable me to take a different view. 1, therefore, agree with the learned Additional District Judge that the appellant had failed to show that the respondent took out ejectment proceedings…