Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13(3) (a)(i)-Eviction - Personal requirement - Respondent's father having died his mother marrying another and his mother and step-father taking up residence in main bungalow-Respondent filing eviction application against tenant (appellants) of annexe to main bungalow on ground of personal requirement since he and his mother desired to have a separate and independent residence for him-Such requirement of respondent (a minor) in overall context and circum­stances of case, held, quite genuine particularly when minor wished to live separately from his step-father. ORDER KARAM ELAHEE CHAUHAH, J.-M. Jamil Ahmad through his (mother) guardian, Mrs. Parveen Anwar Afiridi filed an application under section 13 of the West Pakistan Urban Rent Restriction Ordinance VI of 1959, for eviction of the petitioner tenant from the property in dispute on the ground of personal requirement for his own residence and causing damage to the property aforesaid.. The petition was accepted on the first ground by the learned Rent Controller who by his order directed eviction of the tenant. 2. The tenant filed an appeal but without any success as the same was dismissed by the learned Additional District Judge on 3-5-1979 who found the second ground also against him. 3. A second appeal of the tenant being S. A. O. No. 345/79 also met the same fate and was dismissed by the High Court on 27-9-1980. 4. The tenant has now come up in a petition for special leave to appeal against the same to this Court. 5. We have heard the learned counsel at length but we must say that the matter is concluded by a finding of fact that M. Jamil Ahmad owner of the property (who at the time of the institution of the case was minor but is now stated to be of 21 years of age) requires the property in dispute in good faith for his own personal residence. It may be mentioned that the property in dispute is only an Annexe which is the only residential house owned by him. He is son of Mr. Nazir Ahmad and his mother after the death of her aforesaid husband has married Mr. Anwar Afiridi with whom she is living in the main bungalow. The minor, however, required…

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