Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13-Eviction.-.Personal need-Only one landlord entering witness-box and other two landlords (one of them being a minor) sons of landlord appearing as witness not appearing in witness. box-Adverse finding in circumstances, held, cannot be recorded on issue of personal need on ground of other landlords having not entered witness-box. Date of hearing : 28th October, 1979.                                                                                                                                  JUDGMENT Zahoor-ul-Haq and another have filed this second appeal to challenge an order of ejectment made against them. 2. The order relates to a shop owned by the respondents, Syed Hazoor Shah and two others. The appellants' ejectment has been ordered on the grounds that it is needed by the respondents for their own use and that they also want to reconstruct it. 3. The Rent Controller who heard the ejectment application filed by the respondents had upheld the pleas of personal need and reconstruction but had not ordered the ejectment of the appellants for the reasons that two of the respondents, namely, Syed Tanveer Hussain and Syed Tauqeer Hussain had not entered the witness box to say that they needed the shop for their own use, and that the plea of personal need and that of reconstruction were mutually destructive. The learned Rent Controller, therefore, dismissed the application. On this, the respondents went in appeal before an Additional District Judge who reversed the findings of learned Rent Controller and, while accepting the appeal, passed the order of ejectment against the appellants. They have, therefore, come up in second appeal to this Court. 4. Out of the three respondents, Syed Hazoor Shah is father of the other two respondents, namely, Syed Tanveer Hussain and Tauqeer…