Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- S. 13(3)(a)(i)(b) read with S. 2(j)-Ejectment on ground of personal requirement of landlord - Expression "another residential building suit for his needs" occurring in S. 13(3) (a) (i)(b)-Accommodation consisting of one room, in bungalow occupied by landlord having no interest in ownership thereof-Held, not relevant-Other accommodation in his possession to deprive landlord of his right to obtain possession, must be situated in same "urban area"-Expression "urban area "Definition-Area administered by a Cantonment Board-Held, not a part of "urban area" within meaning of Ordinance-Suitability of accommodation occupied by landlord situated within cantonment Held, not. relevant for purposes of proceedings relating to ejectment from house situated within municipal area.-[Words and phrases]. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- -- S. 13(3)-Ejectment on ground of default in payment of rent Proposition that landlord could not evict tenant until excess amount of rent deposited under orders of Rent Controller was adjusted-Held, not covered by any provision of law or authority. (c) Constitution of Pakistan (19'73) --- Art. 185-Appeal before Supreme Court-Concurrent findings of Courts below based on misreading of evidence on record and proceedings upon considerations not justified in law-Gross miscarriage of justice resulting from such findings-Held, cannot be left unredressed. JUDGMENT ZAFAR HUSSAIN MIRZA, J.-The dispute in this appeal relates to the ejectment of respondents, who are tenants, from House No. 3913 situate at Dabgari Gata, Peshawar city, in favour of the appellants who are the owners and landlords of the said house. Leave was granted in this case to examine whether the issue of personal requirement upon which the plea for the ejectment of the respondents was founded, was properly determined in the light of the circumstances appearing in the evidence and by application of the correct principles of law. 2. The facts leading to this appeal are that the house in dispute was originally an evacuee property and was transferred to the appellants (who are sister and brother)…

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