Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13(3)(a)(ii), first proviso---Personal bona fide need of landlord---First tenancy agreement which was executed for a period of 11 months showed one of the conditions that premises in question would not be got vacated by landlord from tenant on ground of personal need of landlord---After expiry of said original tenancy agreement, numerous agreements were executed by parties in continuation of tenancy, but none contained said condition and said condition ceased to exist between the parties---Even otherwise, such a condition which, by itself, was inherently against provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 and which gave a right to landlord to seek eviction on the ground of personal need, could not be termed to be a legal condition---Even if by mutual consent such a condition was agreed upon, same could not have perpetual effect depriving landlord from seeking ejectment of tenant on ground of personal need if at a later point of time such a need accrued, in particular when in subsequent agreement said condition was also not mutually agreed---Restriction imposed on landlord in first proviso to S.13(3)(a)(ii) of West Pakistan Urban Rent Restriction Ordinance, 1959, which was only for specified period agreed upon between the parties, was also not available to tenant---After lapse of 11 months period in first tenancy agreement, landlord was relieved of said condition---Condition of terms of an agreement although expired, was permissible provided same were not inconsistent with the statute. Mrs. Zarina Khawaja v. Agha Mahboob Shah PLD 1986 SC 190 and Dr. Arslan Razzaq v. Ali Hussain PLD 1993 Lah. 97 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Specific Relief Act (I of 1877), S. 12---Ejectment petition and suit for specific performance of contract---Ejectment petition under West Pakistan Urban Rent Restriction Ordinance, 1959 and a suit for specific performance by tenant, were two distinct proceedings- Effect of ejectment order could not be diluted by mere pendency of a civil suit on the basis of an agreement to sell---If an ejectment…

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