Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----   ----S. 13 (3) (a) (ii)-Non-residential building can be claimed by landlord only for his business and not for purpose of residence.   (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------   ----Ss. 12 & 13-Tenant withholding rent for purpose of deducting cost of repairs carried out by him without permission of Controller-Liable to ejectment for non-payment of rent. JUDGMENT   Seth Girdhari Lal tenant-respondent has come up "In second appeal against the order dated 31st of May 1962, of S. Tafazzul Hussain, District Judge, Quetta, the Appellate Authority under the West Pakistan Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as the Ordinance) who upheld the order dated the 11th of December 1961, of Mr. Ahmed Khan Barakzai, Senior Sub-Judge and Rent Controller, Quetta who had ordered the ejectment of the appellants under section 13 of the Ordinance from the building bearing Municipal No. 2-43-69, situate on the junction of Yate Road, and Jinnah Road, Quetta.   The appellant has been admittedly in occupation of the above-mentioned building asa tenant of the respondents. Mst. Marzia Begum and Mst. Khudeja Bano, on a monthly rental of Rs. 225 under a lease deed dated the 17th of June 1952. The respondents filed an application for the ejectment of the appellant from the premises in dispute on the 9th of July 1959, on the ground that they wanted the building in question in good faith for their own occupation and for the occupation of their children and that they were being pressed by the owner of the house they were living in to vacate it and had no other house of their own except the one tenanted by the appellant. They further averred by way of a ground for the eviction of the appellant that he had not paid rent due from him in respect of the said premises from the 10th of August 1958, up to the date of their application and that despite a notice having been given to him vacate the premises, he had done so.   The appellant resisted the application, contending, basides raising preliminary objections to the validity of the…