Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(4),(5)

Constitution of Pakistan (1973)---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(4) & (5)--Ejectment sought on ground of personal need of landlord--Proof of bona fide of landlord--Positive evidence--Sufficient evidence not on record to establish landlord's bona fides--Leave to appeal granted to, consider contention of tenant that "case of personal need" was distinguishable from case where premises was required by landlord for reconstruction, because a very severe penalty was provided by S. 13(5) of Ordinance, 1959 in case landlord failed to demolish and reconstruct a building got vacated on that ground, and it was, therefore, that in such case mere fact that a landlord also took risk of incurring penalty provided by S. 13(5) could be assumed to establish his bona fide, but that was not so in case based on ground of "requirement for personal need" because consequences provided by S. 13(4) of Ordinance, 1959 were much less stringent. ORDER ASLAM RIAZ HUSSAIN, J.--Bashir Ahmad petitioner seeks leave to appeal against the order of the High Court dated 21-1-1984, dismissing his writ petition in a rent matter. 2. The matter relates to a shop in Okara wherein the petitioner was a tenant under the respondent-landlords. The respondent-landlords filed an ejectment application against him on the ground of "personal requirement" which was accepted by the Rent Controller on 16-12-1980 and the petitioner's ejectment was ordered. He filed an appeal before the Additional District Judge which was accepted on the ground the respondent-landlords had not been able to prove their bona fides. Feeling aggrieved the respondent-landlords then filed a writ petition in the High Court which was accepted vide the impugned judgment dated 21-1-1984, on the ground, inter alia, that section 13(4) of the West Pakistan Urban Rent…

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