Case Details

Citation(s)
1993 SLG 829 1993 SLD 829 1993 CLC 1309
Lahore High Court

CH. MUSHTAQ AHMAD KHAN, J
S.M. Masood for Appellant. Malik Muhammad Azam Rasool for
Respondent

FARZAND ALI

VS

AZIZ BIBI

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 15---Second appeal---Concurrent finding of fact rendered by two Courts below that premises in question, were required by the landlady for her personal use Ad occupation---Tenant could not point out any misreading or non-reading of evidence---Findings of Courts below on question of fact were maintained in circumstances. Haji Sharif Ahmad and others v. Suleman 1984 SCMR 28 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment on the ground of bona fide personal need of landlady--­Occupation of premises and decision with regard to the suitability thereof, was the prerogative of landlady ---Mervly because some other premises had also fallen vacant was not a ground for refusing ejectment for personal use and occupation of the landlady which need had been found to be bona fide by the two Courts below and also stood established on the evidence produced on record---Proviso to provision of S. 13, which entitles tenant to reoccupy premises in question in case they were not used for personal use and occupation was a strong circumstance in favour of the bona fides of landlady who had led evidence in support of her personal need which was quite in line with the pleadings---No interference was, thus, possible with the finding rendered by two Courts below on the issue of personal need of the landlady. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---S. 13---Nature of premises in question, being residential, mere fact that same 'was let out for commercial purpose would not debar landlady/landlord from getting such premises vacated for residential purpose---Fact that ex­tenant was using such premises for commercial purpose, would not change real nature of premises. Syed Amjad Ali Shah v. Iqbal Ahmad Farooqi and others PLD 1985 SC 242 rel. JUDGMENT Mst. Aziz Bibi respondent in this appeal filed an application for ejectment against Farzand Ali appellant in this Court regarding a portion of his residential house bearing No.49-B, Peoples Colony, Faislabad which was rented out to the appellant at the rate of Rs.1,000 per month. The ejectment…
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