Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13-Eviction of tenant-Question of fact-Point whether shop sublet or not-A question of fact-Two Courts below concurrently holding against petitioner, such finding, held, ordinarily not to be taken exception to in Supreme Court unless any omission or misreading of evidence occurring.-[Evidence-Finding of fact]. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13-Shops of landlord other than one in suit all occupied by other tenants-Shop earlier got vacated not of any substantial measure ment and landlord's requirement to supplement same with one in dispute also measuring only 2 feet square, held, cannot be taken exception to. Date of hearing : 3rd July, 1979.                                                                                                                               ORDER KARAM ELAHEE CHAUHAN, J.-The dispute in this case is about a shop known as Khuda No. 1 situated in Khand Bazar, Gujranwala Town; (i) Muhammad Rafiq and (ii) Abdur Rashid (hereinafter called the landlords) filed as application under section 13 of the West Pakistan Urban. Rent Restriction Ordinance VI of 1959 against Haji Muhammad (now represented by his legal representatives/petitioners) for his eviction from the aforesaid shop on the grounds of default in the payment of rent, subletting to one Muhammad Ashraf and bona fide requirement for personal use. The application was dismissed by the learned Rent Controller on 11-2-1971. 2. The landlords filed an appeal which was accepted by the learned District Judge on 14-9-1971, who held that the charge of subletting and the bona fide requirement of the landlords for their own use had duly been established on the record. Consequently the learned District Judge directed the eviction of the tenant from the shop in dispute. 3. The…