Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss.13 & 13-A---Bona fide personal need of landlord ---Ejectment of tenant--­Landlord's application for ejectment of tenant was granted by Rent Controller as also by appellate forum on grounds of default in payment of rent and requirement of premisei by landlord for his personal' use---Validity---Objection of non-service of legal notice under S. 13-A of the Ordinance was only relevant on issue of default---Transfer of premises in question being admittedly in the knowledge of tenant, no notice under S. 13-A of the Ordinance was necessary--- No notice under S. 13-A of the Ordinance was, however, required to maintain application on ground of personal use of premises---Tenant's plea that landlord had not come to Court with clean hands was of no consequence when he did not press before Rent Controller for striking issue thereon during trial and even in appeal---Once bona fide personal use war proved, Rent Controller had hardly any discretion in such matter, therefore, question of not approaching Court with clean hands was beyond the controversy in issue---Tenant had failed to make out any case for interference in concurrent findings of Courts below---Order of ejectment of tenant was maintained in circumstances. Ejaz Hussain v. Additional District Judge, Rawalpindi and 2 others PLD 1991 Lah. 332; Miss Abida Riasat Razvi v. Philomena Mathew and 4 others PLD 1994 SC 452; Khuda Bakhsh v. Muhammad Yaqoob and others 1981 SCMR 179 and Fazal Azam and another v. Tariq Mahmood and another PLD 1982 SC 218 ref. ORDER The relevant facts for the decision of this appeal are that the respondent purchased property in possession of the appellant through sale-deed, dated 16-7-1995 and approached the appellant for vacation of the premises as the same were required for his personal use and occupation. The appellant did not vacate the premises, therefore; respondent filed an ejectment petition and prayed for ejectment order on the grounds of default in the payment of rent since July, 1995 and personal use. The ejectment petition was contested by the appellant and the learned Rent Controller accordingly framed the…

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