Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S.13 --- Constitution of Pakistan (1973), Art. 185 --- Bone fide personal need of landlord --- Landlord himself not appearing in Court. to explain his personal need of the premises --- High Court summoned landlord and allow him to explain why he needed shop in question --- Landlord explained in fullness his requirement for shifting to Lahore for purposes of his carrying on his business at that place --- High Court neither recorded statement of landlord nor allowed tenant to cross-examine him and dismissed tenant's appeal against election -­ Validity ---High Court in its had indicated that landlord was better Judge of his requirements and ordinarily he ought to appear to give evidence to convince the Court of merits of his requirement --- If High Court was to decide matter solely on basis of evidence on record, there was no need to call landlord to enable him to explain his requirement --- While deciding second appeal High Court had referred to evidence on record yet it was certainly influenced by statement made by landlord with regard to his plea of personal need --- Record did not state that landlord made statement before High Court on Oath-- Tenant was admittedly not allowed to cross-examine landlord --- Procedure adopted by High Court qua examination of landlord was, thus, opposed to rules of natural justice and unusual course adopted by it had caused prejudice to tenant --- High Court's was set aside and case was remanded to High Court for decision afresh after recording statement of landlord on Oath and allowing tenant to cross-examine him --- Supreme Court directed that second appeal be re-decided expeditiously. ORDER MUHAMMAD ILYAS, J --- Facts giving rise to this petition are that the respondent, Muhammad Saleem, made an application against the petitioner, Muhammad Abdul Karim for his eviction from a shop of Hall Road, Lahore, on the ground of personal need. A Rent Controller of Lahore, who heard the application, ordered ejectment of the -petitioner. His order was challenged by the petitioner before the Appellate Authority (Additional District Judge, Lahore) but in vain. He then filed second…

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