Law:

Section:

(a) West Pakistan Urban Rent. Restriction Ordinance (VI of 1959)-------S. 15(6)---Constitution of Pakistan (1973), Art. 199---Jurisdiction--­Application for ejectment of tenant, from rented land was granted by Rent Controller but was dismissed in appeal---Remedy---No second appeal in terms of S.15(6), West Pakistan Urban Rent Restriction Ordinance, 1959, having been provided against "rented lands", Constitutional petition was the proper and effective remedy against decision of First Appellate Court. Mst. Toheed Khanam v. Muhammad Shamshad 1980 SCMR 593; Ghulam Dastgir v. Muhammad Zakria Javed and others 1987 SCMR 796; National Travels v. Abdul Qayyum and another 1988 SCMR 261 and Province of Punjab and 4 others v. The Additional District Judge, Lahore and others 1988 SCMR 1515 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan (1973), Art. 199---Bona fide personal need of landlord ---Ejectment of tenant ordered by Trial Court on ground of personal need of landlord---Appellate Forum while accepting appeal of tenant did not apply its mind to the reason which prevailed with Rent Controller while directing ejectment of tenant---Main reason which prevailed with Appellate Forum namely that landlord being an agriculturist could not run a foundry, was not warranted by law for landlord was the best judge of choice of his personal ­requirement ---Neither for the Rent Controller nor for the tenant to determine as to what business the landlord should carry on---Order passed by Appellate Forum being not in accordance with law was not sustainable---Case was remanded to Appellate Forum for decision afresh in accordance with law. National Travels v. Abdul Qayyum and another 1988 SCMR 261 and Province of Punjab and 4 others v. The Additional District Judge, Lahore and others 1988 SCMR 1515 rel. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 arises out of an application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 filed by the predecessor of the petitioners seeking eviction of respondents Nos.l and 2 from a plot of rented land situated at…

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