Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S. 13---Ejectment of tenant---Requirements---Provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 are not meant to simply oust the tenant at the whim and caprice of the landlord, rather a protection has been provided to the effect that until and unless a landlord is able to prove one of the grounds mentioned in S.13, West Pakistan Urban Rent Restriction Ordinance, 1959, he shall not be entitled to seek ejectment of his tenant. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(2)(vi)---Bona fide personal need of landlord---Landlord is the best judge of the suitability of the building he requires, and it is his choice in that behalf. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Bona fide personal need of landlord ---Ejectment application of landlord was accepted by Rent Controller and the appeal of tenant was dismissed by lower Appellate Court---During pendency of the proceedings before Rent Controller landlord got two shops vacated in the same building which were relet---Effect---Where landlord had tried to conceal the fact of receiving possession of two shops in same building, and same were admittedly relet, in that case not only the cause of action in favour of landlord diminished rather his "good faith" was also seriously impaired---Conduct of landlord was of great significance, which was determining factor for his "good faith" in demanding eviction of the tenant ---Ejectment order was set aside and appeal was accepted in circumstances. PLD 1993 Kar. 300 ref. 1983 CLC 824 distinguished. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 15(4)---Contention that in second appeal Appellate Court should only confine to record and decision rendered by Courts below was not well­-conceived---Court in second appeal could always look into the event which had direct nexus and bearing on the result and fate of the case. JUDGMENT Respondents/predecessors filed an ejectment petition against the appellant seeking his eviction from the Shop No. 3, situated in Plot No. C-113, Awan Market, Sector II,…

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