Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Contract Act (IX of 1872), S.28---Ejectment petition---Bona fide personal need of landlord, ground of---Tenancy agreement containing a stipulation to the effect that landlord on receipt of Rs.80,000 would not eject tenant on ground of personal need--Ejectment petition accepted by Rent Controller and first Appellate Court was dismissed by High Court on the ground that such amount paid by. tenant to landlord was in consideration of such stipulation---Plea of landlord that such stipulation debarring him from seeking eviction of tenant was in violation of statutory provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 and Contract Act, 1872, thus, impugned order of High Court was not sustainable---Validity---Tenant had not controverted such plea of landlord---Rent Controller and first Appellate Court on basis of evidence on record had found personal need as bona fide---High Court had not attended to such aspect of the case---Supreme Court set aside order of High Court and restored order of ejectment concurrently passed by Rent Controller and first appellate Court while directing landlord to refund such amount to the tenant. Ch. Muhammad Anwar Khan, Advocate-on-Record for Appellant. Sardar Liaqat Ali, Advocate Supreme Court for Respondents. Date of hearing: 19th November, 2009. JUDGMENT MIAN SHAKIRULLAH JAN, J.--- The appellant/landlord, with leave of the Court, seeking reversal of the judgment of the High Court whereby while accepting the appeal of the respondent/tenant an ejectment order passed by the two Courts below from a rented premises/shop passed in favour of the appellant was set aside. 2. The appellant filed an eviction petition on the ground of (a) personal need, (b) default in payment of rent, and (c) damages to the suit premises. The learned Rent Controller did not accept the plea of the appellant regarding default and damages, however, accepted his application for ejectment on the ground of personal need. Two appeals, one by each party, were filed against the order of the Rent Controller and the appellate Court while accepting the appeal of the appellant to the…

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