Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959;-S. 13 (3)(a)(ii)-Personal requirement-Landlord proving to have no other shop besides shop in question and his intent to rue his own business in shop leased out to petitioner-Petitioner, held, liable to be evicted on such ground alone besides for failure to pay rent-Fact of eviction application filed against petitioner having been dismissed while building remained in joint possession of landlord-respondent and others, held, cannot be relied on principle of resjudicata. ORDER DORAB PATBL, J.-The dispute in this, petition for leave relates to a shop in Anarkali in Lahore and the three Courts below have ordered the petitioner's eviction on the ground of non-payment of rent and on the ground that the respondent who is the owner of the shop requires it in good faith for his own business. In order to get over the concurrent findings of the three Courts that the petitioner was in habitual default in the payment of rent, learned counsel stated that the house in which the shop in dispute is situated had originally been owned by the brother-in-law of the petitioner, who had transferred it to the respondent and four other persons including one Abdul Karim. Now, whilst the building was the joint property of the respondent and the others they had sought the petitioner' eviction but that application had been dismissed. Thereafter they had partitioned the building and the shop in dispute passed to the char of…

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