Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 A Landlord's notice containing a categorical assertion regarding his requirement of premises for his own use and also that for failure to vacate premises, tenant should pay higher rent¬ Appellant's demand for higher rent although illegal and a piece of evidence against his claim, yet such evidence not being conclusive, demand does not necessarily mean claim for occupation being false Rent Controller completely ignoring fact of landlord living in appalling conditions and such evidence sufficient to rebut inference against landlord on account of demand in his notice for enhanced rent for a temporary period Appreciation of evidence by Courts below being extremely cursory, their s, held, cannot stand and set aside, in circumstances. Abdul Salam Akhtar v. Dr. Najam Pervez 1976 SCMR 52 and Abdul Aziz and another v. Muhammad Ibrahim P L D 1977 S C 442 ref. G. H. Malik, Advocate and A. Aziz Khan, Advocate on Record for Appellant. Kamar Mukhtar Ahmad Advocate and Shabbir Ghaury Advocate on Record for Respondent. Date of hearing: 28th January, 1980. JUDGMENT DORAB PATEL, J. The appellant has a family of nine and as he has no other accommodation in Karachi, he is living with his brother, who is a Government servant in Jacob Lines, Karachi. The flat allotted to the appellant's brother has only two rooms and as the appellant's brother has a family of four, it means that thirteen persons are living in a flat of two rooms. As the appellant did not wish to live in such appalling conditions, he purchased a house in the Pir Illahi Bakhsh Colony of Karachi. This house consists of a residential quarter and some shops and the respondent was the tenant of this residential quarter. Therefore, on purchasing the house, the appellant served a notice on the respondent calling upon him to attorn to him, and he informed him by this notice that he had purchased the house "for my own personal use under sale deed dated 14th February, 1976". But the appellant also informed the respondent in this notice that if he wanted to continue as a tenant even temporarily he was "advised to enter into a fresh tenancy agreement" at an…

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