Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(3)(a)

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(3)(a)-Ejectment-Non-residential building such as shop Possession of such premises under provisions of Ordinance-Cannot, despite existence of good faith, be given to landlord for residential purposes. Muhammad Amin Beg v. Pir Muhammad Khan P L D 1965 Lah. 385 distinguished. Date of hearing: 5th February 1974.                                                                                                                      JUDGMENT The facts giving rise to this second appeal from an order of the learned 'Rent Controller, Karachi, are as follows:  1. The, respondent is the owner of a double-storeyed building on "Plot No. 4/392, Liaquatabad, Karachi. A shop on the ground floor was let out to the appellant some twelve years earlier where he was doing business as a watch-maker. In January 1971, the respondent filed an .,application in the Court of the Civil Judge & Rent Controller, Karachi for -the eviction of the appellant, on the ground of personal requirements of herself and her family members. All that was alleged in the Written Reply 'herself that the application had been filed mala fide and with the intention of letting it out to somebody else on a higher rent. A number of witnesses were examined by the parties. The learned Rent Controller also inspected the site. On the basis of the evidence, he found that there were three rooms on the first floor; one room was occupied by the respondent, her husband and four minor children; the second room was occupied by the oldest son who had a wife and three children; and the third room was occupied by the family members of the second son. The third son, namely, Ahmed Umer, who was a student of M. A. was living on the ground floor in a small room. He had been engaged, but the marriage remained deferred -for want of proper accommodation.…