Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(5-B)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-S. 13(5-B)-Scope-Subsection (5-B) of S. 13-Affords protection to tenant in case of rented building and not rented land-Petitioner being tenant of rented land, contention that in case of landlord's prayer for construction being allowed petitioner stands deprived of benefit of S. 13 (5-B), held, misconceived. Date of hearing : 6th May, 1980.                                                                                                                              ORDER MUHAMMAD HALEEM, J.-The petitioner seeks special leave to appeal against the judgment of the Peshawar High Court, Peshawar, dated 3rd of March, 1980, by which S. A. O. No. 22 of 1979 was accepted. The petitioner was a tenant in respect of an open land with four walls described as Timber Mandi in Mardan City at a monthly rental of Rs. 125. The respondent herein sued for his ejectment on the ground that he required the open land for reconstruction which plea was accepted by the Rent Controller by order dated 21st of April, 1977, and the petitioner was ordered to vacate it. On appeal, the Additional District Judge, Mardan, reversed this conclusion as he was of the opinion that this requirement was not bona fide. In second appeal, the High Court set aside the order of the Additional District Judge dated 20th of February, 1979, holding that he was in a financial position to raise a new…