Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------Ss. 13(3)(ii) & 14---Bona fide personal need of landlord ---Ejectment application ---Maintainability---Ejectment application filed by landlord on ground of his personal bona fide need was resisted by tenant contending that same was barred under S.14 of West Pakistan Urban Rent Restriction Ordinance, 1959 as earlier ejectment application filed by landlord against ogler tenant on same ground of personal bona fide need had already been dismissed---In earlier ejectment petition not only parties were different, but more than twenty years had passed since dismissal of that application and filing of present one everything thus did not remain static and there had been changes during that long period of twenty years---If in earlier ejectment application it was found that premises was not bona fidely required, it could not be rationally stated that it should also be held that premises in dispute was not 'needed by landlord--­Appellate Court below, in circumstances, had acted against law in holding that present ejectment application was barred under S.14 of West Pakistan Urban Rent Restriction Ordinance, 1959---Considerable evidence existed on record for determining question of bona fide need of landlord, but High Court avoided to decide same in exercise of Constitutional jurisdiction and instead directed Appellate Court below to decide appeal of landlord expeditiously in accordance with law on that point. Sh. Muhammad Yousaf v. District Judge, Rawlapindi and others 1987 SCMR 307; Peerzada Rafiq Ahmad v. Ch. Abdul Rehman 1980 SCMR 772; Shamsul Islam Khan v. Pakistan Tourism Development Corporation Ltd. 1985 SCMR 1996; Muhammad Shafi v. A.C. Enterprise and others 1987 CLC 748; Ahmad Yar Khan v. Additional District Judge and others 1987 MLD 1078; Janat Gul & Company v. Ch. Haq Nawaz and others 1983 CLC 241; Abdul Majid v. Anwar Ali 1983 CLC 2511; Mrs. Freni A. Cavina v. Mrs. Dhunmai Phiroze Delal PLD 1991 SC 265 and Ghulam Bahauddin Qureshi v. Mrs. Hawa Bai PLD 1979 Kar. 597 ref. JUDGMENT Ch. Inayat Ullah, predecessor-in-interests of petitioners No. l to 10 and petitioners Nos. 11 and 12 were joint…

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