Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- S. 13(3) (ii)-Scheduled business-Eviction-Bungalow let out by landlord to petitioner, half for occupation for residential purposes and other half for use as hospital-Legal practice also being a scheduled business portion let out for running hospital, held, could be got. vacated for purpose of setting up lawyer's office by landlord's son-Other half ­portion used by tenant as his residence, held further, could also be got vacated by landlord for his own residence or that of his son. ORDER ASLAM RIAZ HUSSAIN, J.-This petition by Dr. Muhammad Rafiq is directed against judgment of the learned Single Judge of the Lahore High Court, dated 27-7-1980, dismissing his writ petition in a rent matter. 2. The facts leading to the present petition, as stated before us, by the learned counsel for the parties are, briefly, that the respondent (No. 3/ land­lord) let out Bungalow No. 41-G, Main Gulberg, Lahore, to the petitioner in 1971 at a monthly rent of Rs. 1,600, half of it for occupation by the latter for residential purpose and the other half for use by him as a hospital. The rent was subsequently increased on two occasions, in 1973 and 1974, to Rs. 1,800 and Rs. 2,400 respectively. Later on 12th April 1977, the respondent­landlord filed an application for ejectment of the petitioner from the premises in question, inter alia on the grounds that it was needed by him for his personal use and also for the use of his son Amjad Hamid Dasti, who is at present a practising lawyer in Muzaffargarh, for setting up his practice at Lahore. 3. On the pleadings of the parties four issues were framed by the learned Rent Controller out of which the following 3 are relevant for this petition:- (1) Whether the petition is mala fide and has been filed to enhance the monthly rent? O. P. R. (2) Whether the petition is not maintainable in view of the preliminary objection No. 4 ? O. P. R. (3) Whether the property in dispute is bona fide required by the petitioner (respondent No.3) for his and family personal use and occupation? O. P. R. (4) Permission of the petitioner (respondent No. 3) ? (5) If so, with what effect ? O. P. R. (6)…

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