Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---Ss. 13 & 15-Ejectment-Respondent's son unemployed and noth­ing unreasonable or improbable in his desire to keep his son occupied by running business in shop in possession of petitioner-Findings of first appellate Court in such regard on a question of fact and up­held by High Court in second appeal, held, warrant no interference in circumstances. -[Second appeal]. ORDER DORAB PATEL, J. The dispute in this petition for leave relates to a shop owned by the respondents. The respondent purchased the shop in 1971 and he immediately called upon the petitioner, who .was the tenant of the shop to attorn to him and to execute a rent note on mutually agreed terms. Therefore, according to learned counsel, a dispute began between the parties about the quantum of rent. The petitioner has offered rent at Rs. 50 per month and sent money order for that amount for the rent of March, 1970, which was refused, therefore; according to learned counsel, the petitioner deposited rent for sometime in the Court of the Rent Controller. Mean­while, the Excise and Taxation Department had raised the assessment for the shop to Rs.200 and the respondent demanded rent at that rate from the ist of July, 1972 and also informed the petitioner that he wanted this shop for his son who was without employment and would, therefore, run a business in this shop. The petitioner contested his eviction and in the background of his dispute with the respondent about the quantum of rent, he submitted that the respon­dent did not require the shop in good faith for his son and that the eviction application had been filed only because he wanted more rent. The Rent Controller agreed with the contentions of the petitioner and dismissed the respondent's eviction application. The respondent challaned the dismissal of his eviction application in an appeal in the District Court, which was allowed by and Additional District Judge, Gujranwala on 10-11-1976, therefore, the appellant filed a second appeal in the Lahore High Court which was dismissed by a learned Judge of the Lahore High Court on 13-6-1977. Hence this petition for leave. Learned counsel…

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