Law:

Section:

West Pakistan Urban Rent Restriction Ordinance, 1959 (VI of 1959)-- ----Ss. 13-A & 15(6)--Notice of change of ownership--Ejectment petition on the grounds of willfully defaulted in payment of monthly rent--Ejectment of tenant on ground of his own personal need--No evidence was produced to prove that he had paid rent to landord--Within 30 days of the receipt of notice of change of ownership, tenant was bound to pay rent due to new landlord--Held: Phrase "rent due does not refer just to future rent but also includes previous months" rent as might be due and payable to the new landlord--Appellant committed willful default in payment of the rent due to respondents--Further held: Appellant had willfully defaulted in the payment of rent due to respondents who in good faith need the disputed shop for use of their dependent and jobless brother--No irregularity, illegality or infirmity in impugned orders which were lawful and had been passed in accordance with the evidence on record--Second appeal was dismissed. 2001 SCMR 31, 2007 CLC 1495 & 2000 CLC 126, ref. THIS JUDGMENT DELIVERED BY: ASAD MUNIR, JUSTICE---.--- Through this second appeal filed under Section 15(6) of the Punjab Urban Rent Restriction Ordinance, 1959 ("the Ordinance"), the appellant impugns his ejectment from Shop No. C/295/5, situated in Moti Bazaar, Rawalpindi, ordered by the Rent Controller, Rawalpindi, by his judgment dated 24.11.2008 which was subsequently upheld by the Additional District Judge, Rawalpindi, vide his judgment dated 09.04.2009. 2. Facts necessary for the disposal of this appeal are that on 26.5.1991 the previous owner of the disputed shop rented it out to appellant's father by means of a rent agreement of the same date. After the death of his father, the appellant succeeded as the tenant of the shop. It is on 12.5.2005 that the respondents purchased the shop in dispute whereafter on 8.11.2005 they gave a notice of change of ownership to the appellant under Section 13-A of the Ordinance. Thereafter, on 14.12.2005 they filed an ejectment petition under Section 13 of the Ordinance against the appellant on the grounds that he had willfully defaulted in the payment of monthly…

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