Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13 (2) (iii) (a)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13 (2) (iii) (a)SublettingTenants G and M (brothers) executing rent deed in favour of landlordsLater on G severing his connection with disputed shop and M continuing business alongwith another partnerContention that G in such circumstances has sublet shop to MEvidence of payment of rent to G not existing contention, held, not correctInference of subtenancy cannot be drawn unless payment of rent to tenant or liability to pay rent to such tenant specifically proved. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)=  S. 13 (3) (b)Bona fide personal requirementLandlord having carried on similar business earlier wishing to revert to that business  Landlord not in possession of any other shop=Disputed shop, held, required bona fide, for personal use, in circumstances. Date of hearing : 5th May, 1979.                                                                                                               JUDGMENT This is an appeal against an order of Mr. Muhammad Zaman Khan, Additional District Judge, Faisalabad, dated 17th December, 1977, by which be dismissed the appellant's appeal against an order of their eviction, from Property No. P54/P. 279 Ghalla Mandi, Gojra. 2. The facts are that this shop was in possession of Muhammad Younis as a tenant of respondents Nos. 1 and 2 since 1962. Muhammad Younis died in the year 1968. Thereafter, respondent No. 3, one of his sons executed rent note in favour of respondents Nos. 1 and 2. It appears from the evidence that respondent No. 3 and his brother Mubasbir Illahi had been carrying on their business in these premises till 1972 when Ghazanfar Ail severed his connection with the shop and thereafter Mubashir Illahi continued his business in the name of 'Shaheen Oil Traders' which consists of two partners, namely, Mubashir Illahi and Abdul…