Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---- S. 132) (VI) (a) (ii) Ejectment for re construction and for use of son of landlord Plea of re construction and of personal use not mutually destructive Failure of landlord's plea of re construction does not disentitle him to eviction on ground of personal require¬ment. (b) Provisional Constitution order (1 of 1981) ---Art. 9 Question basically being one of fact and no proper basis furnished before High Court for interference High Court, held, justified in not interfering in its constitutional jurisdiction. ORDER M. S. H. QURAISHI, J. The petitioner is a tenant in a shop in Property No. S. 66. R. 32, McLagan Road, Lahore, whose writ petition against order of ejectment from the shop passed by the Rent Controller and armed in appeal was dismissed by the Lahore High Court. The ejectment had been sought by the respondent/landlord on the' ground of his requirement for (1) re construction and (2) the use of his son. Both the grounds were found by the Rent Controller against the petitioner but the appellate Court noticing that the landlord had withdrawn the plea of re construction in the ejectment applications filed against the tenants of other shops in the same building and that shop in question not existing independently could not be separately re constructed, reversed the finding on the question of re construction. That Court however, upheld the finding on the issue of bona fide requirement for use of the son. The contentions raised before the High Court that the pleas of re construction arid personal need were mutually…

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