Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(3)(a)(ii)(a)--Leave to appeal granted to examine contention that High Court omitted to consider that after death of landlord (father of appellants an amended petition was submitted by appellants with leave of Supreme Court, setting up a plea of personal requirement of premises by them and also further evidence in support of that plea was led which could sustain finding in their favour. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13(3)--Ejectment--Shop--Personal requirement--Legal represen­tatives of a deceased landlord on devolution of interest of deceased, held, could not in same proceedings prosecute claim for ejectment on ground of personal use of deceased landlord as such cause of action being personal in nature would not survive to legal representatives of deceased landlord. Muhammad Aslam v. Wazir Muhammad P L D 1985 S C 46 rel. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13--Ejectment--Shop--Personal requirement--Landlord dying after filing ejectment application against tenant on ground of personal requirement of premises--Appellant, (children of landlord; amending ejectment application, with permission of Court, impleading themselves in place of their father and setting up an independent plea of their own personal requirement of shop in question--Appellants not claiming, ejectment of tenant by virtue of devolution of rights from deceased landlord qua: plea of personal requirement but pleading their own case in their own rights as landlords for time being--Amended ejectment petition qua such plea was for all intents and purposes a fresh petition which they could maintain in their own right--objection of tenant that such procedure was illegal or not permissible in law, field, purely technical and of no consequence. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13--Ejectment--Shop--Personal requirement--Appellants seeking ejectment of tenant from demised premises in their own right qua personal requirement after death of their father who originally filed…

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