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

Section: 13(3),13(i),13(a)

  (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13 (3) (i) (a)-Expression "for his own occupation"-To be construed liberally and must be interpreted to include not only need of family, dependents and persons, essential for such occupation but also all other genuine requirements of landlord-Genuine needs of landlord depend on circumstances and facts of each case Requirement of premises by landlady for better and more convenient accommodation of her ailing husband-Held, lawful requirement of landlady for her own occupation.   Abdullah v. Adam Ali P L D 1961 S C 28 and Rustom Khudadad v. Arakan Furniture Mart P L D 1962 Kar. 79 considered.   J. H. Dalal on Bombay Rent Act, Section 13 (1) (g) and Commentary by Shaukat Mahmood on section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 ref.   (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S. 13 (3) (i) (b)-Words "another residential building, suitable for his needs . . . in the same urban area"-Refer to premises in occupation of landlord at time of making application.   Date of hearing: 7th January 1965.   JUDGMENT   This second appeal is directed against the judgment of the learned District Judge, Karachi, dated the 2nd of September 1963, by which he accepted the appeal of the respondent and set aside the order of the Rent Controller dated the 2nd of March 1963.   Briefly, the facts are that the respondent bad applied for getting the residential building which is the subject-matter of these proceedings vacated under section 10 of the Karachi Rent Restriction Act, 1953. The application was made on the ground that the respondent needed the premises for herself and her husband, who was ill. During the pendency of the proceedings, the Karachi Rent Restriction Act was replaced by the West Pakistan Urban Rent Restriction sOrdinance. 1959. The proceedings were conducted in an elaborate manner, and the order of the Rent Controller covers 21 typed pages. A number of witnesses were examined including doctors in support of the allegation that the husband of the respondent was ill therefore she needed the…