Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- S. 13 (2) (vi) & (3)-Destructive pleas-Mere fact of pleas of reason­able and bona fide requirement for reconstruction of building and its requirement for personal use of landlord being embodied in different subsections of S. 13--Does not by itself show their being mutually exclusive or that these could not be taken together in same case-Pleas of reconstruction of building and its requirement for personal need of landlord, held, not mutually destructive of each other. Abdullah Baloch v. Adam All P L D 1961 S C 28 and Sheikh Muhammad Yusuf v. Mst. Zohran Bibi P L D 1973 Pesh. 186 not approved. Bashir Hussain and another v. Sh. Muhammad Saeed and 2 others P L D 1976 Lah 1095 not applicable. Messrs Amir Din Allah Dita v. Seth Adamji Abdullah and others 1969 S C M R 131 and Khuda Bakhsh v. Muhammad Yousaf P L D 1976 Lah 275 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13 (2) (vi) & (3)--Ejectment-Judgment of lower appellate Court positively stating landlord admittedly having no other residential house in town and there being reliable evidence to show landlord's wish to construct a house for his residence in place of present building-Such finding not shown to be not sustainable on record--­Demand of landlord to reconstruct building into a house for his personal use reasonably and in good faith, held. fully established and formed legitimate ground for ejectment of tenant. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13 (2) (vi) & (5-B)-Conversion of non-residential building into residential building-Clause (vi) of S. 13 (2)-Does not by itself impose any restriction or limitation as to nature and purpose of new building proposed to be reconstructed in place of old building-Provisions of'. S. 13 (2) (vi). held, subject to sub-S. (5-B) only in case of reconstructed building being of same type and suitable for same use as old building and do not prevent conversion by reconstruction of one type of building into another. Clause (vi) of subsection (2) of section 13 of the West Pakistan Urban Rent Restriction Ordinance does not, by itself,…

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