Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13 (3) (a) (ii)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 (3) (a) (ii)-Personal requirement, whether bona fide Pure question of fact-High Court not competent to entertain second appeal on ground of erroneous finding of fact unless error in procedure provided by law committed.-[Question of fact, Second appeal]. The High Court has no jurisdiction to entertain second appeal on ground of an erroneous finding of fact, however gross and inexcus able the error may seem to be, unless there is an error in procedure provided by law, which may possibly produce an error or defect in decision of case on merits. No error in procedure provided by law having taken place in instant case, second appeal is not competent and the High Court is not in a position to disturb concurrent findings of fact arrived at by Rent Controller and Appellate Authority. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 (3) (a) (ii)-Personal requirement-Ejectment of tenant for use of property by one of landlords, held, can be ordered. Where there are more than one landlords and they agree to use of the property by one of them, the tenant occupying same can be ordered to put the landlord in possession. (c) Interpretation of statutes Unless anything repugnant in subject or context, words in singular include plural and vice versa.-[Words and phrases]. This is an appeal against the order of District Judge, Peshawar, dated the 3rd of June, 1979, whereby he dismissed the appeal of Fazalur Rehman appellant and affirmed the order of ejectment passed against him by the Rent Controller, Peshawar, on the 18th of December, 1979. The facts, so far as it is necessary to state them for the purpose of disposal of this appeal, are extremely few and simple. On the 13th of July, 1974, Ghulam Habib and his two brothers, namely, Ghulam Rasooi and Ghulam Sarwar, applied to the Rent Controller, Peshawar, under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, (hereinafter called the Ordinance) for the ejectment of Fazalur Rehman from the property known as Plasco Hotel, Peshawar. The ejectment was sought on the sole ground that the property was required for the use of…