Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 2(i)

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 2(i)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 15---Ejectment of tenant---Subletting---Shop was leased out to the tenant at monthly rent of Rs.300 who further sublet the shop to another person and the said person sublet the shop to yet another person at monthly rent of Rs.3,600---Rent Controller accepted ejectment petition---Contention of tenant and subletees was that attornment of tenancy had been made and the question of subletting from him to other persons did not arise---No proof on record was available that the second subletee was receiving rent from third person at the rate of Rs.3,600 per month---Findings recorded by Trial Court were not correct and proper and were based on misreading of record---High Court set aside the ejectment order passed by the Rent Controller and allowed appeal. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 15---Ejectment of tenant---Bona fide personal need of shop by landlord's son---Validity---Rent Controller allowed ejectment petition filed by landlord on ground of personal bona fide use and occupation by his son---Shop in dispute was adjacent to other shops of the landlord and two of the shops were lying vacant/closed and were in possession of the landlord---No explanation was offered by the landlord that while being in possession of two shops, the shop in dispute was further required for personal use and occupation---Ground urged for personal requirement had not been proved---Findings recorded by Trial Court were not found to be recorded on proper appreciation of law---High Court set aside the ejectment order passed by the Rent Controller and allowed appeal. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 15---Ejectment of tenant---Waiver of claim---Effect---Premises were leased out twenty years back and the possession of the same was handed over after few months of the creation of tenancy---Contention of the landlord was that about two years back, he came to know about subletting---Landlord had kept on receiving the rent---High Court declared the acceptance of rent in circumstances, as waiver of the claim and dismissed eviction order, in appeal,…

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