Law: Nest Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 15

Nest Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 15Appeal (civil)Ground of bona fide personal use taken for first time and successfully provedContention that respondent landlord all along tried to dislodge appellant, and failed in two ejectment applications. prior to present applicationHeld, of no avail, in circumstance Concurrent findings of lower Courts maintained. Date of hearing : 9th March, 1976.                                                                                                               JUDGMENT This appeal is directed against the order of the learned District Judge, Tharparkar, dated 16th January, 1976, who confirmed the. order passed by the learned Rent . Controller on 25th September, 1994 allowing the ejectment application filed by the respondent. '. The brief facts leading up to this case are that a property bearing No. 877 (Custodian No. B/166), Shahi Bazar, Mirpurkhas, was transferred by the Settlement Department to the respondent who leased it out to Ilahi Bux father of the present appellant on 14th October, 1963. 111ahi Bux died in 196768 and the appellant inherited the tenancy of the house at an agreed rent of Rs. 12.50 per month. 3. Earlier to the filing of the ejectment application leading up to this appeal two ejectment applications were filed by the respondent on the ground of default in payment of rent, nuisance to the neighbours and theft of some material of the house but these applications met with no success. The third application from which this appeal emanates was filed in 1972 on the ground that the house was needed by the respondent for use by his son who was major and was also going to be married soon. According to him, the accommodation available in the house of the respondent was not sufficient to accommodate his son and his newlywedded wife. The application was resisted by the appellant on the ground that the main…