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

Section: 13

(i) Urban Rent Restriction Ordinance (W. P. Ord. VI of 1959)— — -S. 13 (2) (v/)— Eviction— Reconstruction— Ground of — Landlady—R-wafidNon-avaiitbility of — Funds — Landlady's attorneySo far the first contention is concerned, it is true  hat  the  respondent's   husband who was alive at that time, stated that he  being a  retired  personearns Rs. I/- or 2/- per day from a small shop he was running.   There is noother evidence hat finances have been made available but the respondent'switness did state that   he would pply for loan to the House  BuildingFinance Corporation.  In this regard Mr. Nadeem the earned  counsel  forthe respondent referred to JUDGMENT where it was held that "the question of availability of fundsnd sources in the odern times has no bearing or   effect on  the bonafideand good faith of the landlord as it is  possible  for a  landlord   to  obtainloans for such purpose  from  various organisation's  like  House   BuildingFinance orporation, Banks etc , and furtner more this condition  has notbeen Said down in section 2 (vi) of he Ordinance".  In view   of the  state-Iment made by the respondents attorney that h. will apply or   loan to  the/nHouu Building Finance Corporation, in my opinion,  the poverty  of thejresspoBdent cannot defeat her bona fidesThe learned counsel for  the respondent  has  very   vehemently  argued that as other tenants of ths premises have  not  been  evicted  the  order  of ejectmsnt even if granted will not enable the respondent to construct  the house, till such tims other tenants also vacate the premises.  In  this  regard the learned counsel also referred   to  PLJ   1980  Lahore  227.  This  case is distinguishable on facts, because there one mortgagee was in  possession  of a part of the premises /.…