Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--Ss.13 & 14--Constitution of Pakistan (1973), Art. 185(3)--Landlord's earlier eviction application on sole ground of bona fide personal need was dismissed-­Dismissal order was not challenged by the landlord--Subsequent fresh application again on the ground' of bona fide need of landlord on a different ground was dismissed by Rent Controller as also by the Appellate Court on the ground that same was hit by the provisions of S.14 of the Ordinance--High Court in Constitutional jurisdiction remanded the matter to Rent Controller with direction to decide the subsequent eviction application on merit in accordance with law-­Contention that first application by landlord having been dismissed, how was it possible that within a short span of a few days time the circumstances had so changed that the personal need of landlord became bona fide and that in any case subsequent application was not maintainable under provisions of S.14--Held, no period of limitation could be prescribed for change of circumstances nor for personal need--Circumstances might change abruptly or might not change at all, a factor which depended upon facts of each case--Reasonable explanation for change of circumstances given by landlord was taken note of by the High Court Subsequent application for eviction could be filed because of a fresh cause of action--Provisions of S.14 were not available to the tenant in circumstances­ Leave refused. Shahid Hussain Kadri Advocate Supreme obit and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner. Syed Munir Hussain, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondents. Date of hearing: 6th March, 1989. ORDER GHULAM MUJADDID, J.--Asghar Ali, landlord sought ejectment of his tenant Muhammad Ishfaque from Shop No.6/754 situated in Tehsil Bazar, Sialkot. The sole ground was bona fide personal need. On 15-9-1983 the Rent Controller dismissed the eviction application. This order was not challenged by the landlord. Later on 7-11-1983 Asghar Ali filed a fresh application. In this application again the ground was bona fide personal need but this time it was on a…

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