Case Details

Citation(s)
1994 SLG 1251 1994 SLD 1251 1994 CLC 568
Lahore High Court
Second Appeal from Order No. 12 of 1991, decided on 15th November, 1993
MUHAMMAD NAWAZ ABBASI, J
Khalid Malik for Appellants. Malik Iqbal Rasool for
Respondents.

MUHAMMAD DIN and another

VS

Ch. ZAHEER-UDDIN and 7 others

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Bona fide personal need of landlord, not specified in ejectment application---Effect---Omission of landlord to specify the business in ejectment application was not a valid ground to non-suit him in absence of his failure to prove his requirement of premises in good faith. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Expression, "requires in good faith"---Connotation---Expression, "requires in good faith" would mean not mere wish but showing an honest desire was the requirement to ascertain good faith---Landlord is not required to establish his absolute requirement but that he was seeking eviction for his own use in good faith, onus of which was although on landlord, yet to discharge such onus landlord was not required to prove more than his honest need--­Rent Controller had to satisfy himself that requirement of landlord was not actuated by bad faith. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Bona fide personal need of landlord---Such requirement---Evidence produced by landlord did not suffer from any contradiction as to the personal need and it being consistent and credible, satisfactorily proved the issue---Rent Controller had not considered the requirement of landlord in substance--­Finding of First Appellate Court on question of personal need reversing the finding of Rent Controller and ordering eviction of tenant, not suffering from misreading of evidence or overlooking of material portion of evidence, could not be interfered with or reversed---Landlord with no ambiguity was able to prove requirement of demised premises in good faith for his personal use--­Order of First Appellate Court ordering eviction of tenant was maintained in circumstances. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment application on ground of personal need of one of co­owners/landlords---Competency---In case of more than one owner/landlord, any one of them was competent to file ejectment application for his personal need, without joining remaining co-owners/landlords as applicants or…
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