Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------S. 13(3)---Bona fide personal need of landlord---Proof and effect---Mere demand for enhancement of rent and previous ejectment application would not detract from the veracity of an eviction petition based on personal need of landlord if the same is instituted in changed circumstances on a different cause of action and is substantiated by reliable evidence to prove bona fide personal need. Syed Hamid Mahmood Gilani v. Abdul Rehman 1996 SCMR 1097 distinguished. National Development Finance Corporation, Shahrah-e-Quaid-e-Azam, Lahore v. Shaikh Naseem-ud-Din and 4 others PLD 1997 .SC 564; Fazal Azim and another v. Tariq Mahmood and another PLD 1982 SC 218 and Shamsul Islam Khan v. Pakistan Tourism Development Corporation Ltd. 1985 SCMR 1996 ref. JUDGMENT ABDUR REHMAN KHAN, J.--This appeal with leave of the Court calls in question the correctness of the judgment delivered on 2-8-1994, by the learned Chief Justice of Balochistan High Court whereby, the appeal, preferred by the respondent was accepted, the judgment of the learned Rent Controller was set aside and consequently, application filed by the respondent under the Rent Laws for ejectment of the appellant from the disputed shop, was accepted. 2. The relevant portion of the. leave granting order reads as follows:-- "It has been pointed out that this is the third eviction application of its kind; the first was instituted on 23-5-1979, one of the grounds being that the premises were required for the use of the landlady's son named Mohyuddin Ahmed Farooqi; that application was withdrawn on 11-8-1981. The second eviction application was filed on 19-8-1981, the ground then being that the premises were required for the use of the landlady's son Muhammad Ahmad Farooqi. The learned Rent Controller dismissed that application holding that the premises were not required in good faith by the landlady. In the High Court, the eviction application was withdrawn and the rent was raised to Rs.550. The present petition was on the ground that the premises were required for the use of the landlady's son Hassan Ahmad Farooqi." 3. Factual aspect of the case is that the…

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