| Citation(s) |
|---|
| 1975 SLG 3134 = 1975 SLD 3134 = 1975 PLD 200 |
Lahore High Court
S. A. O. No. 137 of 1974, decided on 26th July 1974.
Presented By: Muhammad Afzal Zullah, J
Bashir Ahmad v. Muhammad Hanif and another P L D 1972 Kar. 98 ref. S. M. Zafar assisted by Sh. Abdul Manan for Appellant. Saeed Akhtar assisted by Zia Mahmood Mirza for
Respondent.
S. A. O. No. 137 of 1974, decided on 26th July 1974.
Presented By: Muhammad Afzal Zullah, J
Bashir Ahmad v. Muhammad Hanif and another P L D 1972 Kar. 98 ref. S. M. Zafar assisted by Sh. Abdul Manan for Appellant. Saeed Akhtar assisted by Zia Mahmood Mirza for
Respondent.
Haji GHULAM MOHAMMAD-Appellant
VERSUS
ABDUL QADIR-Respondent
Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
Section: 13(3)(a)(il)(a)
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959 S. 13(3)(a)(il)(a)-Ejectment of tenant-Not to be ordered by Controller merely on expression of landlord's desire even though made in good faith-Controller's satisfaction with regard to bona fides of claim of landlord-A must. Sh. Muhammad 1khlas and others v. Muhammad Ismail P L D 1963 S C' 466 ; Muhammad Ishaq and another v. Muhammad Rafique 1972 S C M R 450 ; Malik Nisar Muhammad and another v. Abdul Rauf 1972 S C M R 561 ; Seth Abdus Sattar Haji Ahmed v. Sh. Fazal Hussain P L D 1966 Lah. 733 ; Haji Pir Bakhsh v. Mst. Almas Begum and others P L D 1967 Pesb. 49 and Sh. Khushi Muhammad v. Kh. Muhammad Rashid Wain 1965. SCMR 1158 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(3)(a)(ii)(a)"Reasonableness," "good faith," "bona fides" Mode of proof-Dependent, among other factors, on statement on oath of landlord himself-Bona fide personal need-Not possible to visualise-. from circumstances alone. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- S. 13(3)(a)(ii)(a)-Plaint not mentioning specific business intended' to be carried on in shop required to be vacated by landlord but using' word "karobar" nor landlord naming his son intended to be put on, shop-Omissions held, not very material-Nor was it necessary for landlord to make all requisite preparations for running intended business before filing application for ejectment. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959 S. 13(3)(a)(ii)(c)-Expression "after the commencement of this Ordinance"-Ordinance being in force for last 15 years, expression, held, has since lost its significance and needs legislative amendment. (e) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(3)(a)(ii)(c)-No proof of landlord or his son having ever occupi ed another shop "for the purpose of his business," or such shop being "suitable for his need"-Nor any evidence to show landlord having ever "vacated such" "other shop" "without sufficient cause"- Mere proof of landlord…