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

Section: 13

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) - S. 13 Eviction of tenant Contention that landlord in eviction application having stated petitioner to have failed to pay him rent since April, 1970 but having stated in his evidence before Court with regard to payment of rent as having been paid up to 1970 and such contradic¬tion having not been taken note of owner Courts misread evidence on record in ordering ejectment Landlord though contradicting himself yet first appellate Court having considered all nuances of same and satisfactorily explained such seeming contradiction as being due to landlord's statement having been recorded four years after filing of eviction application thereby making it possible for landlord to forget month of year 1970 wherein default committed for first time ¬Tenant also not misled or prejudiced due to mention in issue of fact of default having been committed from month of April Tenant, held, rightly ordered to be ejected. Rameshwar Narain Singh v. Rani Reknath Koori A I R 1923 Pat. 165 and Peddi Reddi Jogi Reddi v. Panem Chinnabbi Reddi and others A I R 1929 P C 13 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) --- S. 13 Eviction of tenant Conduct of tenant found to be inequit¬able' denying title of landlord wholly contumaciously Tenant in circumstances, held disentitled himself from seeking equitable relief in eviction proceedings. THIS ORDER PASSED BY: G. SAFDAR SHAH, JUSTICE:---.--- The dispute in this case relates to a shop situated at Moti Bazar, Rawalpindi. On 24-5-1972 the respondent herein (who is the landlord of the said shop) filed against the petitioner (his tenant) an application in the Court of Rent Controller, Rawalpindi for his eviction on throe grounds; (1) for default in paying him the rent since 1970; (2) that he required the shop reasonably and in good faith for his own use, and : (3) that the respondent had carried out alterations in the shop which materially impaired its utility. In the written statement filed by him the petitioner not only denied all the said allegations but even denied that the respondent was his landlord. In this view of the pleadings of the parties, the…

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