Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 Constitution of Pakistan (1973), Art. 185(3) Personal bona fide need of landlord Tenant's contention that landlords being in occupation of rented shop which was more suitable for their use were, precluded to seek ejectment of tenant was of no avail to them as the word building did not extend to cover rented premises but extended only to premises owned by landlord ¬Leave to appeal was refused in circumstances. Abdul Aziz and another v. Muhammad Ibrahim PLD 1977 SC 442; Manzoor Ahmad and others v. The District Judge, Okara 1988 SCMR 1211 and Mumtaz Hussain v. Muhammad Iqbal 1984 SCMR 576 rel. ORDER MANZOOR. HUSSAIN SIAL, J. Mian Khalilur Rehman the predecessor in interest of the respondents Nos. 1 to 8 filed an ejectment application before the Rent Controller, Lahore, District. Swabi, against the petitioner in respect of a shop for his personal use. It was pleaded in the application that he had purchased the shop from Abdul Hanan and wanted to do business in that shop. The application was resisted by the petitioner, the learned Rent Controller vide his order dated 1 4 1992, allowed the application and directed the petitioner to vacate the shop within four months from the date of the order. 2. Aggrieved by the order of his ejectment from the disputed shop passed by the learned Rent Controller, the petitioner filed an appeal which was accepted by the District Judge, Swabi, on 11 12 1992, holding that the landlord was in occupation of a rented shop within the urban area where the shop in dispute was situated as such the landlord failed to prove his bona fide need for the use of the shop in question. The legal heirs of Mian Khalilur Rehman (contesting respondents) assailed the aforesaid order of the learned District Judge, through Writ Petition No. 6/1993, before the Peshawar High Court which was decided vide impugned judgment dated 5 4 1993, whereby the order of the District Judge was set aside and that of the Rent Controller was…

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