| Citation(s) |
|---|
| 1981 SLG 1333 1981 SLD 1333 1981 PLD 578 |
Supreme Court of Pakistan
ASLAM RIAZ HUSSAIN AND MUHAMMAD AFZAL ZILLAH, JJ
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ASLAM RIAZ HUSSAIN AND MUHAMMAD AFZAL ZILLAH, JJ
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MUHAMMAD SALEEM AND others
VS
BEGUM MUSARRAT BASHIRUL HASSAN AND ANOTHER
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---Ss. 13 & 11-Eviction of tenant-Requirement for personal use Conversion of residential house into commercial house-Lease deed silent on question of use to which bungalow to be put-Petitioner admittedly installing a printing press in bungalow shortly after same given on rent-All Courts below giving concurrent finding as to bungalow being required by landlord for her personal use-Fact of bungalow being residential evident from fact of its being situated in a purely residential area and from fact of landlady's attorney actually residing in its first floor-Held, with reference to case reported as 1980 S C M R 590 : Despite permission or acquiescence of landlady tenant could not have put bungalow to commercial use without getting sanction of Rent Controller under S. 11 of Ordinance. Link 1 Link 2 Raja Qurban Khan v. M. M. Sharif 1980 S C M R 590 ref. (5) West Pakistan Urban Rent (b) Restriction Ordinance (VI of 1959)- S. 13-New ground of ejectment-Contention that landlady having filed ejectment petition on ground of default, subletting, causing damage and personal use, she could not be permitted subsequently to urge ground of illegal conversion of property by tenant to a different use Petitioner himself having taken up plea that a press having been installed in premises in question such premises converted to non-residential Link building hence could not be got vacated by landlady for personal use as a residential building, such contention in main gave rise to question whether such conversion permissible under Law therefore could not be objected to by tenant. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- -- S. 13-Personal requirement-Eviction of tenant.-Concurrent findings-Issue of bona fide requirement for personal use decided in favour of landlady by all Courts below-Order of ejectment by Rent Controller primarily based on such finding-Finding as to petitioner having illegally converted building by using it for a commercial purpose even if not possible to be made a ground for eviction of petitioner, ground of requirement for personal use, held, by itself sufficient to oust…
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