Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant--­Personal need of landlord---Landlord having purchased demised premises which consisted of a Musafirkhana on first floor and a shop, in occupation of tenant on ground floor applied for ejectment of tenant on ground of his personal need--­Tenant denied property being a Musafirkhana---High Court on basis of pleadings and evidence on record came to conclusion that there was almost a conclusive admission on the part of tenant that demised premises consisted of a Musafirkhana---Landlord, having got vacated another property, would not be disentitled to seek another property suitable for his needs---Besides, nature of need and its being a Musafirkhana would not make that property of relevance--­Leave to appeal refused in circumstances. ORDER SHAFIUR RAHMAN, J.---The petitioner, a tenant under orders of ejectment, seeks leave to appeal against the judgment of the Balochistan High Court dated 26-6-1989. 2. The respondent/landlord purchased a property which had a Musafirkhana on the first floor and a shop on the ground floor. He moved the Rent Controller on 25-11-1986 for eviction of the tenant from the shop on the ground of personal need and default in payment of the rent. The petitioner admitted that there existed Musafirkhana but pleaded that he was not in default and the landlord wanted to enhance the rent and that was the object for which his eviction was sought. The Rent Controller rejected the application on the ground that no regular Musafirkhana was found to exist nor the shops were required for the Musafirkhana, and upheld the plea of the appellant that ejectment was sought with a view to pressurize the tenant for enhancement of the rent. 3. On appeal the High Court reversed the finding with regard to the personal need on the ground that in the reply to the eviction petition the tenant had admitted that there was a Musafirkhana on the first floor and that the guests used to come…

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