Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13(3)(a)---Constitution of Pakistan (1973), Art.185 (3)---Bona fide personal need of landlord---Requirements---Landlady owned 12 shops out of which four were lying vacant when she tiled application for ejectment of the tenants from the shop---Leave to appeal was granted by Supreme Court to consider whether, in circumstances, the tenant could have been ejected from the shop on the ground of bona fide personal need and further to examine whether the law laid down by the superior Courts on the subject had been followed properly. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---- ----S. 13(3)(a)---Bona fide personal need of landlord---Choice to occupy a particular shop could not be denied provided the landlord proved that he had no other shop suitable for his business and that the shop in question would suit his requirement and he required the same in good faith for his own occupation---If the tenant was unable to prove the occupation of any other shop by the landlord sufficient for his requirement, then he could not be allowed to say that the landlord should occupy a shop other than the one in his possession. Madan Gopal and 4 others v. Maran Bepari and 3 others PLD 1969 SC 617; Syed Abdul Rauf v. Abdul Sattar 1997 SCMR 1169; Mahmood Khan v. Nasima Khatoon 1982 CLC 1807 and Shaikh Shafaul Haque v. Qaiser Shaikoh Jafri 1982 CLC 722 distinguished. Raja Muhammad Anwar, Senior Advocate Supreme Court and Ch. Muhammad Aslam Chaudhry, Advocate-on-Record for Appellant. Muhammad Ghani, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Respondent. Date of hearing: 3rd November; 1999. JUDGMENT ABDUR REHMAN KHAN, J.----Respondent/landlady filed an application under the Rent laws for eviction of the appellant/tenant from the disputed shop on the grounds:-- (i) That she required the shop in question for the business of her son Abdur Rashid; (ii) that the respondent has failed to pay rent from December, 1991, in accordance with law; and (iii) that respondent is troublesome and is a source of nuisance. These allegations were refuted in the written statement submitted by the…

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