Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 11---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether S.11, West Pakistan Urban Rent Restriction Ordinance, 1959, controlled the landlord's request for demolishing of building and its reconstruction where conversion of residential property into non­residential property was involved. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 11---Scope of S.11, West Pakistan Urban Rent Restriction Ordinance, 1959---Section 11 relate to an existing building and its use and not to a building which is to be reconstructed after demolition of the old building---Reconstructed building would be governed by the own zoning bye-laws of local authority; Rent Controller playing no part in the sanctioning of the plan or the utilization of the property after such reconstruction. Abdul Hadi alias Abddl Hadi Hasan and 2 others v. Syed Ali Haider and others P L D 1983 SC 342 and Syed Amjad Ali Shah v. Iqbal Ahmad Farooqi and others P L D 1985 SC 242 ref. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 11---Bona fide personal need of landlord---Demolition and reconstruction of building---Entitlement--- Need for use and occupation of building in question, that had been pleaded in ejectment application was not statutory need but was prospective need after the property had been reconstructed and same was relevant not for purposes of establishing immediate need but for showing the bona fides of the type of construction that was sought to be raised and how such reconstructed building was sought to be utilized---Likelihood of that sort of need being not established, as stated in the proceedings would not disentitle landlords to demolish and reconstruct the property---Tenant's plea that if need failed, plea of demolition and reconstruction would also fail, was based on misconception. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 11---Need for reconstruction after demolition of property---Fact that some of the landlords/landladies having been gainfully employed abroad or would not come back immediately would…

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