Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13-Ejectment-Landlord having a number of sons engaged in improvised means of earning livelihood-Tenant's witnesses admitting landlord having not been in occupation of any shop of his own­ Finding of fact recorded by Rent Controller as sustained by' High Court showing same being based on evidence and on correct application of law to facts of case-Petition, held, without merit and dismissed. ORDER SHAFI-UR-REHMAN, J.--The petitioner, a tenant, seeks leave to appeal against the judgment of the Lahore High Court dated 2-6-1980 whereby reversing the order of the first appellate Court the ejectment order against the petitioner was restored. 2. The petitioner is in occupation of Shop No. P/ 25, Street No. 1, Ward No. 2, Gurdawara Bazar, Faisalabad. Ghulam Muhammad, the respondent, is his landlord. An ejectment application was filed by the landlord for getting the petitioner ejected on the sole ground that the shop was required for the personal use and for his sons. It was made clear in the ejectment application that the landlord and his five sons were all eligible to work on a shop and were, in the absence of a shop of their own, engaged in make-shift arrangement for earning their livelihood. The bona fide personal need of the landlord was disputed by the petitioner and this was the only question in issue. 3. The Rent Controller by an order dated 27-10-74 allowed the application of the landlord and directed the ejectment of the petitioner. The appeal of the tenant succeeded as the learned Additional District Judge came to the conclusion that the ejectment application was not bona fide. On second appeal the learned Judge in the High Court came to the conclusion that the findings of the first appellate Court were based on wrong assumption and the material evidence on record had been either ignored or misread. He accepted the appeal and restored the order of the Rent…

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