Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13 (5 B) Accommodation of previous tenant in rebuilt premises¬ Tenant approaching landlord, before completion of new building, and requesting him to be put into possession of new shop constructed on old site or else of its corresponding area in any other shop but landlord avoiding him Tenant consequently filing application against landlord under S. 13(5 B) Held: Not correct in circum¬stances to contend requirement of S. 13(5 B) being not present to mind of Courts below when allowing tenant's application. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) -- S. 13(5 B) Accommodation of previous tenant in rebuilt premises Respondent tenant in old shop for about 65 years¬ Landlord getting prenises vacated for rebuilding expected to realise tenant naturally expecting to be put into possession of a new shop constructed on old site or else of corresponding areas in any other shop Landlord in such view of matter, held; should have either constructed a new shop of same area or else big enough, capable of being partitioned, so as to be used as feasible commercial enterprise. ORDER G. SAFDAR SHAH, J. This leave petition which is meant to impugne the judgment of the Sind High Court at Karachi arises in the following circumstances; Late Muhammad Siddique, the predecessor in interest of respondent Nos. 1 to 6 was the tenant of respondent No. 7 in respect of measuring 11 x 30' situated on the ground floor of the old Ghadiali Buildin,, constructed on Plot No. 23 SB 1, Preedy Street, Opposite Empress Market, Karachi. In the year 1964, respondent No. 7 filed an application against Muhammad Siddique in the Court of II Civil Judge Rent Controller, Karachi for his vacation from the said shop on the ground that he intended to demolish the old building with a view to construct a new building on the site. Muhammad Siddique contested the said application but the same was allowed by the 'Rent Controller vide his Order dated 1 9 1965. Being aggrieved of the said order, Muhammad Siddique filed an appeal against it in the Court of Additional District Judge, Karachi but the same was dismissed vide…

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