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

Section: 13(4), 15(1)(4)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13-Eviction-Mere fact of landlord having stated rent of shop in question to be in fact Rs. 500 p.m. while he got same at Rs. 120 p.m. from respondent-tenant as also fact of landlord having deprived Government of tax by showing to Excise and Taxation Department to have been getting same at Rs. 70 p.m.-No grounds by themselves to prove landlord having not required shop for business of his son as alleged unless some other evidence on record showed mala fides on landlord's part to enhance rent-No such evidence being available on record, shop being situated in a busy locality and likely to fetch Rs. 500 p.m. as rent as alleged and fact of rent of shop having been shown to Taxation Department as Rs. 70 p.m. being a matter between landlord and Department concerned, inference cannot be drawn of landlord having not been requiring shop for his personal use--Landlord examining himself and his son in support of his claim and nothing on record to discredit such claim-Landlord, held, succeeded in proving requirement of shop for business of his son. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(4)-Eviction of tenant-Failure of landlord to occupy-Land lord obtaining order of ejectment of tenant but not occupying shop in question within one month of date of obtaining possession, or having obtained possession relets shop to another within two months of obtaining possession, tenant, on application to Rent Controller, vested with a right to be put back in possession-Such provision of law, held, sufficient to allay apprehension from mind of tenant as to shop being let out at enhanced rent after his ejectment. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(4)-Words and phrases-Expression "or having been so occupied is relet within two months"-Does not mean that after expiry of two months landlord can give building on rent to any person other than original . tenant but means that if landlord found to have not occupied building for his personal use, or relets it at enhanced rent, original tenant can claim restoration of possession even though such event…