| Citation(s) |
|---|
| 1980 SLG 353 1980 SLD 353 1980 SCMR 772 |
Supreme Court of Pakistan
Civil Petition No. 44 of 1980, decision dated: 12-02-1980. (On appeal from the judgment dated 12 11 1979 of the Lahore Nigh Court in S. A. O. No. 55 of 1978).
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
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Civil Petition No. 44 of 1980, decision dated: 12-02-1980. (On appeal from the judgment dated 12 11 1979 of the Lahore Nigh Court in S. A. O. No. 55 of 1978).
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
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Peerzada RAFIQ AHMAD
VS
Chaudhry ABDUL REHMAN
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ---S. 13 Ejectment Requirement for personal use-Demand of higher rent by landlord Held does not by itself cast any doubt about personal bona fide requirement of premises by landlord if factum of bona fide requirement independently proved. Badruddin Hasan Faruqui and others v. Manghi Industrial Home P L D 1976 Kar. 620 approved. Khawaja Mushtaq Ahmad, Advocate on Record for Petitioner. Nemo for Respondent. Date of hearing: 12th February, 1980. ORDER NASIM HASSAN SHAH, J - In this case, the landlord (respondent herein)) had sought the ejectment of the petitioner from a residential house situated in Lahore (House No. 26, Hota Singh Road. Sant Nagar Lahore) on the ground of his personal use and damage to the property. The ground for damage to the property wax later abandoned and the only ground pressed was that of personal need. The Rent Controller dismissed the application on the ground that the real object of the respondent in seeking the ejectment of the petitioner was to enhance the rent. This conclusion was arrived at on the basis of submission made by the respondent that originally when the house in question was let out in 1962, the rent agreed to be paid between the parties was Rs 65 per month and then it was raised to Rs. 85, per month, then to Rs. 90, per month and finally to Rs. 100, per month. On appeal, the learned Additional District Judge relying on Badruddin Hasan Faruqui and others v. Manghi Industrial Nome (P L D 1976 Kar. 620), held that a demand of higher rent by itself does not cast any doubts about the personal bona fide requirements if the factum of bona fide requirements is independently proved. This requirement was, according to the learned Additional District Judge, proved by the evidence on the record; namely, that the petitioner was living in village Babawalnagar and that…
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