Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)¬--- S. 14 read with S. 13 and Civil Procedure Code (V of 1908), S. 11¬---Res judicata Section 14 applies to case decided by Rent Controller ¬Landlord withdrawing his previous application for ejectment of tenant on basis of some private settlement Such an arrangement between the landlord and tenant and not a decision of Rent Controller himself ¬Nothing showing landlord not needing shop for his own-self at time of filing present ejectment application Mere fact of landlord hav¬ing earlier postponed his need by some private settlement, held, could not mean that such need could not have arisen subsequently. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 Ejectmert Requirement of premises by landlord for his own use Real test : Whether need based on good faith Such question a question of fact Finding on question of fact Held : Could not be , taken exception to in Supreme Court unless shown to suffer from violation of some fundamental legal principle in matter of appreciation of evidence or omission or misreading of evidence Both Courts below giving verdict in landlord's favour on subject of good faith and no factual or legal error in finding pointed out, interference declined.--[Question of fact Evidence]. ORDER KARAM ELAHEE CHAUHAN, J. Muhammad Shafi (hereinafter called the landlord) filed an application under section 13 of the West Pakistan Urban Rent Restriction Ordinance VI of 1959 (hereinafter called the Ordinance) for ejectment of Allah Rakha (hereinafter called the tenant) from the shop in dispute bearing No. 21/1253, Bazar Pansarian, Sialkot, on the ground 'hat he bona fide required it for his personal use and occupation. The learned Rent Controller rejected the application on 10 11 1976, holding that the bona fide requirement of the landlord had not been established. The landlord filed an appeal which was accepted by the learned Additional District Judge, Sialkot, vide his order dated 7 9-1977, whereby he upset the finding of the learned Rent Controller and held that the bona fide need and requirement of the landlord bad been duly established on record. Consequently he…

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