Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- S. 13 (3) (a) (i) Constitution of Pakistan (1973), Art. 185 (3)¬Ejectment Personal requirement Landlord not prohibited to accom¬modate a relative or otherwise after premises got vacated by him on ground of personal requirement Tenant, held, cannot, object if land¬lord is showing extravagence in occupying a big house owned by him Point raised in petition relating to appreciation of evidence by High Court not suffering from any infirmity Leave refused. ORDER MUHAMMAD AFZAL ZULLAH, J. Leave to appeal has been sought from judgment dated 22nd December, 1980 of the Sind High Court whereby the respondent's second appeal arising out of an eviction order passed against the petitioner under the West Pakistan Urban Rent Restriction Ordinance, 1959 was allowed and while setting aside the first appellate order of eviction passed by the Rent Controller, the petitioner was ordered to be evicted. He was allowed four months' time to vacate the demised premises. The eviction order is based on the plea of personal requirement of the respondent, who had in his application averred that he needed the property in dispute for his own use as also the use of his family. During the trial it transpired that he needed the premises for his own use as also his wife and further that he wanted to accommodate some dependent close relations, who together with the respondent are under notice of eviction from another rented property. The main questions raised by the learned counsel in addition to these relateable to the appreciation of evidence is that the need of a family member, who is not the child of the landlord is not relevant for considering the question of bona fide requirement of the landlord under the Ordinance. It has also been…

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