Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------S. 13---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlord---Leave to appeal was granted to consider whether without having any plan indicating the particulars as to the area available in building and without having particulars as to how the present building would be utilized as hospital without carrying out material alterations or reconstruction, both the Courts below were justified in granting the ejectment in respect of the entire building on the ground of personal requirement of landlord's son who had been residing abroad for over a decade. (b) Qanun-e-Shahadat (10 of 1984)------Art. 78---Authenticity of document---Raising of objection at appellate stage---Authenticity and genuineness of document was never challenged before Trial Court where it could have been conveniently challenged at the opportune moment---Effect---No objection regarding the authenticity of document could be raised at belated stage. Gulzar Hussain v. Abdur Rehman 1985 SCMR 301; Abdullah and 3 others v. Abdul Karim and others PLD 1968 SC 140; Gopal Das v. Shri Thakurji AIR 1943 PC 83; Malik Din and another v. Muhammad Aslam PLD 1969 SC 163; Dr. Major Abdul Ahad Khan v. Soofi Muhammad Yasin and Brothers PLD 1984 SC 200 and Ghulam Muhammad and others v. Mehtab Beg 1983 SCMR 849 ref. (c) Practice and procedure------Court could not grant a relief which was never prayed for in a categoric manner. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Bona fide personal need of landlord ---Proof---Requirements--­Mere wish, convenience, whim or fancy of landlord was not enough to show that the landlord required premises in good faith---Landlord must prove requirement of premises for reasonable needs and that he was not seeking eviction on the pretext of requiring additional accommodations with oblique motive of realizing some extraneous purposes---Order of eviction required satisfaction of Rent Controller that reasonable requirement of landlord would be met by occupation of the premises---Eviction order could not be granted on vague allegations in the application---Plea of…

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