Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ----- S. 13 (2) (vi) Reconstruction of property Production of sanctioned plan of construction or reconstruction of property Only requirement of law Production of forwarding letter of municipal authority Not necessary Court, held, only to be satisfied as to plan produced being a genuine sanctioned plan as required by law. (b) Civil Procedure Code (V of 1908) ----- O. VII, r. 17 Amendment of plaint Ejectment application made on 29th July, 1972, application for amendment in application made on 2nd January, 1973 and ejectment petition not decided until 21st of May, 1975 Prayer for amendment, in circumstances, held, cannot be said to have been made at a belated stage. [Plaint]. ORDER ANWARUL HAQ, C. J. This order will dispose of civil petitions for Special Leave to Appeal bearing Nos. 326 and 327 of 1979, which proceed on identical facts. The petitioners in both cases are tenants under the respondents in respect of a building site on which he had put up certain structures. The land lords applied to the Rent Controller for their ejectment on the ground of default in the payment of rent, subletting and personal requirement. During the pendency of the applications the landlords' plan for construct of a building on the land in dispute was sanctioned by the Municipal authority concerned, whereupon they moved for an amendment in the ejectment applications so as to include this additional ground. The amendment was allowed in both the cases by the learned Rent Controller. Both the applications were accepted by the Rent Controller on the grounds of personal use and construction by his orders dated the 21st of May, 1975. However, this decision was reversed by the learned Additional District Judge, Lahore, in appeal on the 20th of April, 1977. Thereupon the landlords filed second appeals in the High Court which have been accepted by learned Judge by his orders dated the 7th of March, 1979. The petitioners, accordingly, seek leave to appeal. The main ground urged by Mr. Muhammad Ilyas Khan, appearing for both the petitioners, is that plea of reconstruction of the property was raised by the…

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