Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlord--Leave to appeal was granted by Supreme Court to consider the question that all the co-owners, being landlords, whether one of them could file eviction application for his own personal need or not. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 14 & 13---Second application for ejectment of tenant on same issue--­Maintainability---Earlier application for ejectment of tenant on the ground of bona fide personal need of landlord was filed by a co-owner which was decided finally---Second application instituted after a period of 5 years on same issues with the assertion that property in question had been partitioned was maintainable---Provision of S.14, West Pakistan Urban Rent Restriction Ordnance, 1959 would not be attracted if the circumstances were changed. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 13 & 2(c)---Bona fide personal need of landlord ---Co-owner being a landlord within the scope of definition of "landlord" appearing in S.2(c) of the Ordinance ejectment application against tenant by a co-owner without joining other co-owners was competent. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 14 & 13---Application for ejectment of tenant---Earlier application for ejectment-of tenant on the ground of bona fide personal need of landlord was filed by one of the co-owners which was decided finally---Second application was instituted after a period of 5 years on almost same issues (bona fide need and construction of the property) with the assertion that property in question had been partitioned---Validity---Nothing concrete had been brought on record to show that the property in question was actually partitioned among the co-owners nor even portions to be owned by the co-owners were shown---Evidence produced was insufficient to justify eviction of the tenant on the ground of alleged bona fide need and reconstruction of the property--­Pleas of ejectment of tenant on such grounds were justifiably rejected in…

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