| Citation(s) |
|---|
| 1979 SLG 369 1979 SLD 369 1979 PLD 654 |
Lahore High Court
Second Appeal from Original Order No. 804 of 1976, decided on 3rd December 1978. Dates of hearing: 30th September 1978.
MUHAMMAD AFZAL LONE, J
C. A. Rahman for Appellant. Mian Muhammad Rafiq for
Respondent.
Second Appeal from Original Order No. 804 of 1976, decided on 3rd December 1978. Dates of hearing: 30th September 1978.
MUHAMMAD AFZAL LONE, J
C. A. Rahman for Appellant. Mian Muhammad Rafiq for
Respondent.
MUHAMMAD HUSSAIN--Appellant
VS
Haji MUHAMMAD TUFAIL--Respondent.
Law:
Section:
West Pakistan Urban Rent-Restriction Ordinance (VI of 1959)- --S. 13(2)(b)(vi) [as amended by Ordinance XXI of 1965] (5) & (5-B)Vacation of premises for purpose of reconstruction-Complete demolition of building-Not a sine qua non to establish reasonableness and good faith of landlord for requiring building for reconstruction or erection-Development intended to be made by landlord in his property-Cannot be arrested and made subservient to requirements of tenant-Reasonableness and good faith of landlord with reference to reconstruction or erection of building-To be ascertained in light of facts of each case-No generalised standard can be formulated to serve as a yardstick for purpose. Maula Dad v. Sardar Khan PLD 1972 Quetta 39; Muhammad Haroon v. Ghulam Mustafa 1978 SCMR 151 and Zakaria Bros. v. Heshwant Sales & Services Ltd. PLD 1978 Kar. 581 ref. Abdul Manan v. Karam Elahi PLD 1971 Quetta 1 fol. Abdullah Baloch v. Adam Ali PLD 1961 S C 28 distinguished. JUDGMENT The facts of this case are that Shop No. BI-6-S-44, situate in the Main Bazar, Kamoke, which belongs to the respondent is in possession of the present appellant. A part of the building was also occupied by three others, namely, Abdul Ghani, Muhammad Saddiq, and Muhammad Hanif. The demised premises, presently in possession of the respondent and those which were in occupation of Abdul Ghani comprise of shops, whereas, Muhammad Siddiq and Muhammad Hanif occupied only Thara. The respondent moved an ejectment application against all the four tenants on the ground that property was needed by him reasonably in good faith for re-constructions. 2. It appears that during the pendency of this ejectment petition, Abdul Ghani committed default in payment of rent and on the basis of fresh cause of action, the respondent instituted another ejectment petition against him and succeeded in procuring his ejectment. Similarly, Muhammad Siddiq and Muhammad Hanif are said to have compromised with the respondent-landlord, and handed over to him the possession of the site in their possession. Thus, the present appellant having been left alone in the field resisted the ejectment petition and succeeded before the…
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