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

Section: 13(2),(3)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(2) (t)-Default in payment of rent-Rent Controller and first Appellate Court disbelieving plea of petitioner regarding advancement of loan to respondent landlord and landlord having agreed to adjust such loan against rent-No error of law appearing to have been com mitted in arriving at such a finding of fact-Petitioner admittedly in arrears of rent for 15 months-Petitioner's claim as to landlord having been increasing rent, even if believed, such fact, held, would not alter fact of petitioner having committed wilful default in payment of rent for 15 months and as such liable to ejectment. (b) West Pakistan Urban Rent Restriction Ordinance (V1 of 1959) S. 13(3)(W-Requirement for use of sons-Merely because of sons of landlord being not unemployed inference held, could not be drawn that landlord could not set up one of hi, sons in business. Date of hearing : 9th December 1979.                                                                                                                         ORDER DORAB PATEL, J.-The petitioner is the tenant of a shop owned by the respondent and on 4-9-1974, the respondent filed an eviction application against the petitioner in the Court of the Rent Controller, Sheikhupura, on the ground that the petitioner had wilfully failed to pay rent for fifteen months and had caused damage to the demised premises and' on the further ground that he required the shop for setting up his son in business. The petitioner contested his eviction, but the Rent Controller held that he had committed default in the payment of rent, as claimed by the respondent, and he also accepted the respondent's plea that he required the shop for setting up his son to business therefore, by his order dated 8.10-1975, the Rent Controller directed the petitioner to hand over the vacant…