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

Section: 13(3)(a)(ii), (b), (c), (4)

Law: Civil Procedure Code (V of 1908)

Section: 100, 101

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(3)(a)(ii)-Practice and procedure-Statement of petitioner land-owner in examination-in-chief-Not alone to be taken into consideration-Statement to be considered along with averments made in application and in cross-examination. The statement of the appellant in examination-in-chief alone is not to be taken into consideration, but the same has to be considered along with the averments as made in the application as well as the statement made by him in cross-examination. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13(3)(a)(ii), (b) & (c) read with subsection (4)-Requirement of premises for personal use-Good faith-Land-owner, in order to prove his good faith or bona fides-Has to make statement with regard to factual position as it stands-Statement disproved in rebuttal in con text of conditions laid down in sub-paras. (b) & (c) of para. (ii) of subsection (3) of S. 13-Can alone lead to conclusion of land-owner not being able to prove his bona fides or good faith. If a landlord asserts that he or his son needs particular premises for personal use and it is also proved on record that he or his son is not occu pying in the same urban area any building for the purposes of his business suitable for his needs or has not vacated such a building or rented land, without sufficient cause then the question with regard to bona fides or good faith, will have to be determined in context of the provision as contained in subsection (4) of section 13 of the Ordinance. What is after all required by a landlord or his son to prove his good faith or bona fides in regard to personal use, he has to make a statement with regard to factual position as it stands and if the same is disproved in rebuttal in context of the conditions as laid down in sub-paras. (b) and (c) of para. II of subsection (3) of section 13 of the Ordinance then it can be safely said that the landlord or his son has not been able to prove his bona fides or good faith. (c) West Pakistan Urban Rent Restriction. Ordinance (VI of 1959)  S. 13(3)(a)(ii), (b) & (c) read with subsection (4)-Finding of fact- Bona…