Case Details

Citation(s)
1993 SLG 1025 1993 SLD 1025 1993 CLC 2190
Lahore High Court
Writ Petition No. 489 of 1983, decided on 31st January, 1990
IHSAN-UL-HAQ CHAUDHRY, J

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MUHAMMAD JAMIL BUTT

VS

Rana MANSIB ALI KHAN and others

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- ----S. 13---Bona fide personal requirement of landlord---Proof by oral evidence---Evidentiary value of---Landlord's plea that he was running Printing Press in rented premises and that his landlord was pressing him hard to vacate the same was sought to be proved by oral evidence-2-Neither any rent note nor witness of tenancy nor scribe of alleged note nor receipt of payment of rent was produced by landlord in proof of his plea that he was carrying on business in a rented premises---Oral evidence produced by landlord did not inspire confidence---Bona fide personal requirement of landlord was thus not proved on record. (b) West Pakistan Press and Publications Ordinance (XXX of 1963)- ----S. 4---Shifting -)f a Printing Press to new premises---Mode of declaration--­Conditions attached to temporary shifting stated. Keeper of Printing Press has to make a declaration. According to proviso if premises are shifted for a period not exceeding 60 days and new premises to which the Printing Press is shifted is within the jurisdiction of the same District Magistrate then no fresh declaration is required. The proviso only pertains to temporary shifting and is not applicable to permanent shifting. In that case afresh declaration is a must. There are two further conditions attached to temporary shifting mainly that the keeper continues the same and he has informed District Magistrate within twenty-four hours of such shifting. (c) West Pakistan Urbab Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Bona fide personal requirement of lanldord---Proof---Landlord, as per his own statement was owner of a multistoreyed commercial building--­Landlord failed to prove that he did not own or possess any premises suitable for his needs---Such evidence was all the more essential in view of evidence of landlord's witnesses that he did not require the premises for his own use--­Landlord had stated in his evidence that his multistoreyed building was not complete when be got the rented premises for his business---If landlord's need was bona fide then he should have shifted to his own premises and should not have got fresh…
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