Case Details

Citation(s)
1993 SLG 1139 1993 SLD 1139 1993 PLD 240
Lahore High Court
SA.O. No. 6 of 1992, decided on 2nd November, 1992
CH. MUSHTAQ AHMAD LVIAN, J
Gulzar Ahmad Oureshi for Appellants. S.M. Tayyab for
Respondents

PROVINCE OF PUNJAB through Collector, Faisalabad and 3 others--Appellants

VS

ARBILA NOREEN and 2 others--Respondents

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- ---- S.13 --- Bona fide personal need of landlord --- Landlord had proved his need as per averments in ejectment application by producing evidence on record--­ Concurrent finding of fact with regard to existence of need of landlord---To obtain order of ejectment on ground of personal need, landlorA himself was not required to physically do the business in the premises in question--­ Landlord could get the business done through his servants, agents, attorneys and also through the parents who were interested in their welfare and wen being--Merely because, landlord, was minor was not a ground to refuse ejectment on the ground of personal need---L-andlord did not own any property in the same locality-, premises in question, were best suited to the landlord for his need as proved on record ---- Ownership of other properties which admittedly belonged to landlord's parents and which were on rent was not a valid ground to refuse ejectment. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- .... S.15 --- Production of additional evidence --- Necessity --- Tenant's application for production of additional evidence to prove ownership of other properties which belonged to parents of minor landlord was not warranted inasmuch as same was not a valid ground to refuse ejectment --- Such circumstance was not even relevant for purpose of decision of controversy--Application for pruduction of additional evidence being misconceived was therefoie dismissed --- No misreading or non-reading of evidence and other legal infirmity having been pointed out appeal against ejectment of tenants was dismissed in circumstances. JUDGMENT Facts of the case out of which this Second Appeal from Order, has arisen are that Mst. Arbila Noreen and two others, minor daughters of Dr. Bashir Ahmad, who are owners of property No.431-D, Peoples Colony, Faisalabad filed a petition for ejectment against the appellants who are occupying the same as their tenants, on the ground of need for expansion of their parents' hospital which is being run in adjacent Property No.432-D, Peoples Colony, Faisalabad, which property is insufficient…
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