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

Section: 13(3) (a) (ii)

West Pakistan Urban Rest Restriction Ordinance (VI of 1959) S. 13(3) (a) (ii)-Personal requirement - Landlord filing eject ment application against his tenant in another shop and Supreme Court in such case upholding findings of lower Courts as to require ment of landlord being not bona fide-Contention that such decision should have reacted on landlord's personal requirement in present case also due to ground for eviction being same, viz., personal requirement-Held : Circumstances relied upon by counsel would be relevant only for purpose of determining whether claim of land lord in present case as to his requirement of another shop for personal use of his son not false-Lower Courts further having concurrently found in favour of landlord, no justification, held. for interference by Supreme Court. Date of hearing : 3rd March, 1980.                                                                                                                                                             JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal is sought from the judgment dated 8th October 1979, whereby the second appeal filed by the petitioner against his eviction from a shop, was dismissed. Four grounds were raised before the Rent Controller : (1) personal requirement : (2) default in payment of rent : (3) damage to the property ; and (4) subletting. The learned Rent Controller found in favour of the petitioner on the issues relating to subletting, the default in the payment of rent and the damage to the property ; but giving a finding of fact against him, on the personal requirement, directed ejectment of the petitioner. On appeal by the petitioner and cross- objections filed from the respondent's side, the learned first appellate Court upheld the decision of the learned Rent…