Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13---Ejectment of tenant for personal need of landlord---Landlord had a rented shop wherein, he was in business---Such fact would not disentitle landlord to seek eviction of tenant from premises owned by him for setting up his business therein. Abdul Salam Akhtar v. Dr. Najam Parvez 1976 SCMR 52 and Muhammad Sadiq v. Mst. Maryam Bibi 1976 SCMR 111 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Personal need of landlord---Landlord combining his own personal need with that of his adult son who was not gainfully employed---Primarily landlord's personal need has to be catered for---Personal need of landlord would include need of his son, thus, there was no prohibition on landlord in combining his own personal need with that of his son---Notwithstanding need of the son same continued to be the personal need of landlord---No division of the need was, contemplated by provisions of S. 13 of the Ordinance VI of 1959. ORDER SHAFIUR RAHMAN, J.---By two separate petitions the tenants seek leave to appeal against the judgment of the Lahore High Court, dated 5-4-198(1 upholding their ejectment. 2. A shop measuring 24' x 11-1/2' in Main Bazar Gujrat converted into two tenements was occupied by the .two petitioners as tenants. The landlord moved separate petitions seeking eviction, inter alia, on the ground of personal need. They were entrusted to different Rent Controllers. One of them ordered the ejectment of Muhammad Anwar on 9-7-1974. The other Rent Controller rejected the application of landlord against Muhammad Ayub on 9-11-1974. Appeals were filed against both the orders which came up for hearing before the same appellate authority and the landlord's appeal against the dismissal of his application against Ayub was dismissed. In the case of Muhammad Anwar the appeal was allowed and the ejectment order was set aside. The result was that the landlord failed in both. 3. The second appeals filed by the landlord against the two tenants were disposed of by one judgment by a learned Judge who allowed both the appeals arid directed th, ejectment of the petitioners. 4. The…

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