Law:

Section:

(a) West, Pakistan Urban Rent Restriction Ordinance (VI of 1959)--------Ss. 13(3)(a) & 15---Bona fide personal need of landlord---Landlord had sought ejectment of tenant on the ground that he intended to establish a clinic for his own use being a doctor and also for use of his sons and wife who .also were doctors---Landlord appeared in Court and made statement on oath with regard to his personal need in respect of the premises---Statement of landlord neither was shaken in cross-examination nor it had been shown that plea taken by landlord was inconsistent with his pleadings or that application for ejectment had been filed mala fide--­While adjudging personal bona fide need of landlord, the statement on Oath of landlord was found consistent with ejectment petition which was not shaken during cross-examination, and had to be accepted---Sons of landlord for whom ejectment of tenant was sought by landlord could not have been asked to come to Pakistan from abroad without any established business or at least before making some arrangement in that regard---If sons of landlord were settled abroad or were doing any job there even then, they had a right to come to Pakistan and settle here---Requirement of law was not that sons of landlord should appear as witness in support of their demand---Landlord could file ejectment application against tenant to the effect that premises were required for his personal use or for the use of his children in good faith. Hassan Khan v. Munawar Begum PLD 1976 Kar. 832; Fazal Aziz and another v. Tariq Mahmood and another PLD 1982 SC 218 and Musarrat Amin v. Muhammad Mobin 1985 CLC 2033 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(3)(4)---Rona fide personal need of landlord---Assertion of landlord that he required the premises for his personal use, should be determined in context of provisions contained in S.13(4) of West Pakistan Urban Rent Restriction Ordinance, 1959---Said provisions of law enabled a tenant to regain possession from the landlord who had obtained it on a false plea of bona fide personal need, but had failed to occupy premises within one month of date of obtaining possession or who…

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