Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Civil Procedure Code (V of 1908), O.VI, R.7---Bona fide personal need of the landlord---Juristic person---Natural person--­Pleadings---Proof---Departure---Landlords had claimed the ejectment on the ground of their personal requirement---Witnesses stated that the premises was needed for the extension of juristic person a "company" ­Clear departure and conflict in the pleadings and the evidence was found---Nothing was on the record to establish that the premises were needed by the landlords for their own use---Appeal was allowed and orders of ejectment passed on the ground of personal need were set aside in circumstances. Mehdi Nasir Rizvi v. Muhammad Usman Siddiqui 2000 SCMR 1613 and Haji Abdullah and 10 others v. Yahya Bakhtiar PLD 2001 SC 158 distinguished. Muhammad Amin Sheikh for Appellant. Javed Bashir for Respondents. Date of hearing: 6th October, 2004. JUDGMENT The respondents brought an ejectment application against the appellant on the ground of default in the payment of rent and personal need, with respect to the demised premises i.e. Hall measuring 45 x 25 feet and a room attached thereto, described in the application, which according to the respondents, was rented out to the appellant vide rent deed, dated 14-7-1992. The ejectment application was pending, when another petition was filed for the appellant's eviction, now from the room measuring 10 x 10 feet and a bathroom. This according to the respondents, was rented out to the appellant through an oral tenancy between the parties; again the grounds of default and personal need were agitated for the eviction of the appellant in this case. 2. The petitions were resisted by the appellant. Perhaps both the matters were consolidated. Issues were framed, parties were put to trial and the learned Rent Controller by a single order, decided the issue of default in favour of the appellant and against the respondents. Such finding has been maintained by the learned Court of appeal as well. Even today, the learned counsel for the respondents has not pressed this ground. Anyhow, on the personal need, the learned Rent Controller decided the…

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