Law:

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West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- Ss. 13 & 15-Ejectment sought on grounds of bona fide personal use of landlady and her children-Failure of landlady and her son to appear before Rent Controller and offer themselves for cross-examination, held, not fatal to their plea that they required premises in good faith for their personal occupation and use. M. Muhammad Sharif v. M. S. Sultan 1981 S C M R 844 and Dilshad Muhammad v. Mst. Zubaida Begum 1981 S C M R 895 ref. Abdul Wahab, Advocate Supreme Court and Faizanul Hag, Advocate-onRecord for Petitioners. Nasrullah A wan, Advocate Supreme Court and Muzafar Hassan, Advocate-on-Record for Respondent. Date of hearing : 20th September, 1984. JUDGMENT NASIM HASAN SHAH, J.-This order will dispose of Civil Petition No. K-317 of 1984 and Civil Petition No. K-318 of 1984, as both of them are directed against a common judgment pronounced on 19-4-1984. The facts, which from the background, are that Begum Nazrul Askari, respondent herein, is the owner of house bearing No. 5-C-5/15, Nazimabad, Karachi. The ground-floor of her said house was let out by her to Arshad Umer (Petitioner in C. P. No. K-317/84) and the first-floor wds let out by her to Muhammad Fazal (petitioner in C. P. No. K-318/84). On 15-7-1979, she filed two rent applications in the Court of the Rent Controller seeking ejectment of the said two tenants Arshad Umer, occupant of the groundflocr portion (viz. Case No. 3442 of 1979) and Muhammad Fazal, occupant of the first-floor protion (viz Case No. 3441 of 1979) on the ground that she required both the portions of the house bona fide for her personal use and occupation. Her case was that she was presently residing at Quetta with her son and had decided to shift to Karachi where she had no other house to live except the house in question and, therefore, required the premises in dispute for her own use and for the use of her children. In the proceedings before the Rent Controller, her attorney, Major (netd ) Dr. S. Hashmat Ali, who was also her son-in-law, appeared and gave evidence in both the cases. Besides affirming the above facts he further elaborated, in the course of his…

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