Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- S. 13 read with Constitution of Pakistan (1973), Arts. 199 & 185(3)­Eviction-Requirement for personal use-Burden of proof-Accommo­dation becoming available to landlady during pendency of ejectment proceedings being suitable, adequate and capable of meeting her requirements-Not elicited from landlady during examination of witnesses-Such primarily a question of fact required to be established either by evidence or by uncontroverted pleadings-District Judge referring to choice of landlady and her preference in matter of selecting one out of many tenanted properties in background of pleadings of parties and not applying test of choice and suitability with reference to vacant possession-Such aspect of case not highlighted even in High Court-geld : No misdirection of law attracting exercise of constitutional jurisdiction by High Court took place, hence, leave to appeal refused. Pope Appliance Corporation v. .Span River Paper Mills Ltd. A I R 1929 P C 38 ref. ORDER SHAFI-UR-REHMAN, J.-The petitioner, a tenant, seeks leave to appeal against the judgment of the Lahore High Court, dated,28-2-1982 whereby a constitutional petition filed by him challenging his eviction from a commercial premises was dismissed. 2. The respondent No. 2, a widow and the landlady of the petitioner, sought his eviction from the premises bearing No. 7-Aziz Mansion, Link McLeod Road, Lahore on the grounds of bona fide personal need, default in the payment of rent, damage to the property and nuisance. During the pendency yet another ground became available to the landlady and that was the failure of the petitioner to observe the direction of the Controller for depositing monthly rents before the 15th of every month inasmuch as the rent for the month of February was deposited not before but on 26th March, 1980. The Rent Controller rejected the prayer of the landlady for getting the property vacated from the petitioner. On appeal, the District Judge held the personal need of the petitioner and her sons proved and the default in complying with the directions of the Rent Controlled under subsection (6) of section 13 of the Rent…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492