Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13-Ejectment sought by respondent-landlord on ground of personal requirement-Appellant-tenant on issue of relationship of land lord and tenant stating to have not paid any rent to respondent--Rent Controller ordering ejectment on ground of default-Rent Controller, held, fell in error in ordering ejectment on ground of default which ground had been by implication, abandoned by respondent while filing replication-Order of eviction set aside and case remanded to Rent Controller with direction to decide afresh in accordance with law. Appellant's ejectment was not sought on ground of default. Ejectment application was also not subsequently amended by respondent to add that plea. Only plea raised by respondent for securing eviction of appellant was that of personal need. This is evident from his application. Respondent filed replication in which it was expressly stated that "ejectment is sought only on that basis and not on account of any other pleas". This clearly implies he had abandoned all grounds other than that of personal requirement which were available to him for claiming ejectment of appellant. State ment of appellant regarding nan-payment of rent does not enable respondent to get over difficulty faced by him due to abandonment of ground of default. That statement was made by him (appellant) not for conceding plea of default, which was not at all raised, but for supporting his contention that he was not a tenant under respondent because when he made statement he was being examined on preliminary issues, one -of them being in regard to relationship of landlord and tenant between parties. Rent Controller fell in error in ordering ejectment on ground of default which ground had been abandoned. Order of Rent Controller as well as that of appellate authority, held, not sustainable: Mst. Feroze Begam v. Lt.-Col. Muhammad Hussain 1978 S C M R 299 ref. Dates of hearing : 15th and 19th January, 1980.                                                    …