| Citation(s) |
|---|
| 1975 SLG 3120 = 1975 SLD 3120 = 1975 PLD 254 |
Lahore High Court
Second Appeal from Order No. 341 of 1966, decided on 11th July 1974.
Presented By: Aftab Hussain, J
Syed Sardar Shah Bokhari for Appellant. Malik Amjad Hussain for
Respondent.
Second Appeal from Order No. 341 of 1966, decided on 11th July 1974.
Presented By: Aftab Hussain, J
Syed Sardar Shah Bokhari for Appellant. Malik Amjad Hussain for
Respondent.
MUHAMMAD BASHIR-Appellant
VERSUS
SULTAN MAHMOOD KHAN--Respondent
Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
Section: 13, 2
West Pakistan Urban Rent Restriction Ordinance (VI of 1959) Ss. 13 & 2 "Residential building" as defined under S. 2(g) ; "non residential building" as defined under S. 2(d) and word "building" as defined under S. 2(a)-Word "building" means even a part of a build ing-Any part of a whole building can be a "building" within meaning of S. 2(a)-Portion of a building let out by landlord and used by tenant exclusively for non-residential purposes-A "non residential building"-Despite fact that the rest of the whole building is used by landlord for residential purpose that would not render portion let out to the tenant, a residential building and as such landlord not entitled to seek his eviction on ground of his personal use for residential purpose. The word "building" as defined by section 2(a) of the West Pakistan Urban Rent Restriction Ordinance, 1959 means even a part of a building let for any purpose. Clearly, therefore, only that part of the building is a build ing within the meaning of the term in section 2(a) of the Ordinance which has been let out for any purpose. The portion which remains in posses sion of the landlord, although it be part of the building in ordinary parlance, will not fall within the definition of the word "building" in section 2(a). The words "residential building" will mean, if the whole building is rented out either for residential purpose alone or for partly residential and partly commercial purposes, the whole building and in case only a portion of the building has been rented out either exclusively for residential purposes or partly for purpose of residence and partly for purpose of business, the rented portion of the building, if the let out portion of a bigger building is not used either solely for residential purposes or partly for residential and partly for commercial purposes but is utilised only for commercial purposes it will fall within the definition of the expression "non-residential building", while considering these three definitions, therefore, the portion of the building which has not been rented out by the…