Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--   ---S.13(3)(a)(ii)--Ejectment--Scheduled building--Personal need of landlord--Ejectment on ground of personal need--Premises in dispute used by tenant, a medical practitioner, as residence and maternity hospital--Order of ejectment impugned--Plea that tenant could only be ejected if landlord bona fide required said premises for personal use as a scheduled building, repelled--No extra protection or privilege was extended by law to tenant of scheduled building in matter of eviction on ground of personal use allowed four months time to vacate premises, subject to payment of rent in lump sum in advance.   Abdul Ghaffar v. Haji Salamatullah P L D 1961 Lah. 233 and Dr. Muhammad Rafiq v. District Judge Lahore and others P L D 1982 S C 362 ref.   Hakim Shahab Din v. Abdul Majid and others 1986 S C M R 400 rel. ORDER JAVID IQBAL, J.- This petition for leave to appeal has been filed by Dr. Zahida Zaidi petitioner and is directed against the judgment dated 17th May, 1987 of learned Single Judge of the Lahore High Court Multan Bench, Multan. The background is that the petitioner is a tenant under Jamalud­din Ahmad respondent of house bearing No.94-13/VII at Sahiwal. The said house was leased out by the respondent to the petitioner vide lease agreement dated 28th July, 1963 whereunder the lessee i.e. the petitioner had agreed to take on rent the said house for her residence and for running maternity hospital. The respondent who was a Govern­ment servant was compulsorily retired in 1972 but 11 years thereafter on 28th July, 1983 moved an ejectment petition against the petitioner in the Court of the Rent Controller at Sahiwal on the ground of personal use of the said premises. The respondent averred that he needed the premises for his personal use after his retirement as he did not own any property at Sahiwal for his residence. The petitioners case before the Rent Controller was that the disputed property was not only being used by her as residential property but was also being used as maternity hospital and thus it was a scheduled building. The petitioner being herself a registered medical…

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