Law:

Section:

Keywords: Payment, Erection, Prejudice, Evidence, Inter Alia, Rent Controller, Examination, Landlord, Technicalities, Good Faith, Parties, Order, Tenant, Extension, Proceeds, Property, Provisions, Plea, Land, Non-Payment Of Rent, Grounds, Rent, Payment Of Rent, Jurisdiction, Premises, Ejectment Result: Appeal dismissed ORDER The respondent is the owner and landlord of a plot of land which has been let out to the appellant for commercial purpose on rent. On 24th July 1974, the respondent filed application under section 13 of the Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as the Ordinance), on the grounds firstly that the premises were required by him for the purpose of reconstruction of a shopping centre over the plot along with the other plots of land of the respondent adjacent to disputed plot; and secondly that the appellant had committed default in the pay ment of rent. After considering the evidence of the parties the learned Rent Controller, ordered the eviction of the appellant only on the ground of requirement of the respondent for reconstruction. On the other ground of non-payment of rent the learned Controller gave a finding against the respondent. 1n the appeal filed by the appellant the learned District Judge, affirmed the finding of the Rent Controller and dismissed the appeal of the appellant. The appellant has now come up in second appeal. The only argument advanced by the learned counsel in support of the appeal is that the two Courts below have not applied their mind to the requirements of section 13(2)(vi) of the Ordinance. It was argued that the Controller has jurisdiction to order the handing over of posses sion of a building or rented land under the said provisions only after the landlord, inter alia proves that he requires the premises reasonably and in good faith for reconstruction or erection of a building on the site. It is not disputed that the respondent had produced documentary evidence to the effect that he had obtained necessary sanction for re construction of the shopping centre from the Municipal Committee, Thatha, but it was argued that since no issue was framed on the question whether the demand of the…

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