Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S. 5-A [as added by Punjab Urban Rent Restriction (Amendment) Ordinance (XIII of 1990)]---Constitution of Pakistan (1973), Art. 185(3)---"Default in payment of rent"---Connotation---Word "default" would denote something more than mere non-payment of rent---Nothing was brought on record to suggest that landlord in consequence of statutory increase in rate of rent sent any notice of such increase to tenant---Finding of High Court that tenant had. become defaulter by mere non-payment of rent according to enhanced rate, was not warranted--Default in payment of rent to justify ejectment of tenant was not proved in circumstances. I ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Mode of proof---Assertion of landlord on oath as to requirement of premises for his personal use, must be accepted as bona fide if consistent with his averment in application for ejectment and not shaken in cross-examination and not disproved in rebuttal---Evidence of landlord on point of bona fide personal requirement was not inconsistent with averments in application and was not shaken in cross-examination or disproved in rebuttal---Landlord's assertion of claim (of bona fide requirement) made on oath deserved to be accepted as bona fide---High Court had, thus, correctly found that landlord had been able to prove requirement of premises in question, for his bona fide personal use`-Leave to appeal was refused in circumstances. Qamruddin v. Hakim Mahmood Khan 1988 SCMR 819; Sonomal and another v. Muhammad Suleman 1989 SCMR 207 and Saira Bai v. Anisur Rahman 1989 SCMR 1366 rel. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ----S. 15---Constitution of Pakistan (1973), Art.185---Retention of premises with tenant for one year on payment of enhanced rent---Such offer of tenant was accepted by'landlord---Supreme Court in terms of such compromise ordered that tenant would retain possession of premises in question subject to payment of enhanced rent till one year ---Tenant would surrender possession of premises to landlord by the end of the year or else tenant would be…

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