Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss.13 & 15---Non-residential building---Bona fide personal need of landlord---Essentials---Landlord in such case must show that he required the same in good faith for his own use or for the use of any of his male children; that he or his said child was not occupying in the same urban area any other such building or rented land, suitable for his needs at the time; and that he had not vacated such building without sufficient cause---All such conditions must exist before landlord became entitled to ejectment of tenant ---Ejectment of tenant could not be allowed on ground of personal need for convenience of some other tenant---Where landlord wanted to dislodge tenant for the sake of another tenant, he was not entitled to seek ejectment ---Courts below did not frame issues arising out of pleadings---Evidence on record was not properly appreciated---Case was remanded to Rent Controller for framing issues arising out of pleadings and for fresh decision after giving opportunity to parties to lead their respective evidence. M.M. A. Pirzada for Appellant. M. Basit Baber Chughtai for Respondent. Date of hearing: 12th March, 1998. JUDGMENT Maqbool-ur-Rehman, through this second appeal against order, challenged and disputed the legality of the judgment, dated 5-5-1996, passed by the learned Additional District Judge, Bahawalpur, whereby he dismissed the appeal filed by Maqbool-ur-Rehman (appellant) and accepted the appeal filed by Sardar Muhammad Afzal Khan (respondent) against the order, dated 18-5-1995 of the learned Rent Controller, Bahawalpur, whereby the ejectment petition was accepted on the ground of personal need with a condition of providing alternate shop in the same premises. 2. The brief facts giving rise to this appeal are that Sardar Muhammad Afzal Khan (petitioner-respondent) filed a petition against Maqbool-ur-Rehman (appellant-respondent) for the ejectment of the shop mentioned in the petition on the grounds that it was required to be used as stairs and of default in the payment of rent. The respondent contested the petition and maintained that independent and separate stairs were…

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