Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13(3)(a)(ii)(b)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Ground of personal need---Order of ejectment passed against tenant by Rent Controller was reversed by Appellate Court---High Court in appeal, found that the words "not occupying" used in Cl.(b) of S.13(3)(a)(ii) of Ordinance VI of 1959 were used with reference to the premises owned by the landlord, and landlord having proved his suitability was entitled to get the premises in question, vacated for his personal need---Validity---Word, "building" used in Cl.(b) of S.13(3)(a)(ii), would mean a building owned by the landlord---Circumstance, that landlord was occupying a rented shop would not be a legal impediment in seeking eviction of tenant from the shop owned by him; rather same would tend to indicate unsuitability of shop in occupation of landlord himself---View taken by Appellate Court setting aside ejectment order was erroneous and was rightly set aside by the High Court in appeal. ORDER NASIM HASAN SHAH, J.---This petition for special leave to appeal arises out of the decision of the Lahore High Court, accepting the landlord's application for ejectment of the petitioner, thereby reversing the judgment and order passed by the Additional District Judge, Lyallpur, dated 7th October, 1976, and restoring that of the Rent Controller dated 9th June, 1976. The petitioner's eviction was sought on several grounds, but on appeal the landlord abandoned the other issues and pressed his case for ejectment of the respondent on the ground of personal need. The Rent Controller found that the landlord's requirement was bona fide and directed that the petitioner had rendered himself liable to ejectment under section 13(3)(a)(ii) of the Rent Restriction Ordinance. In appeal the learned Additional District Judge reversed the finding of the Rent Controller on the ground that as the landlord was occupying another rented shop and the eviction therefrom had been and could be successfully avoided by him by enhancing the rent, it could not be said that he was not in occupation of another shop suitable for his needs, as contemplated by…

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