| Citation(s) |
|---|
| 2008 SLG 649 2008 SLD 649 2008 CLC 136 |
Lahore High Court
Writ Petition No.7413 of 2007, decision dated: 5-11-2007
FAZAL-E-MIRAN CHAUHAN, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Writ Petition No.7413 of 2007, decision dated: 5-11-2007
FAZAL-E-MIRAN CHAUHAN, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
ASMAT ULLAH BUTT
VS
KAMRAN JAVAID and 2 others
Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
Section: 13,15,3A(i)(a)
Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
Section: 13,15,3A(i)(a)
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13(2)(1)---Default in payment of rent---Plea of non-handing over possession of whole property to tenant raised in written reply to ejectment petition-Issue on such plea neither framed nor demanded by tenant to be framed-Effect-Rent Controller was not bound to give any finding on such plea. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(3)---Bona fide personal need of landlord---Non-mentioning in ejectment petition details of other properties owned and occupied by landlord in same urban area---Validity---Such facts were not required to be mentioned in ejectment petition---Landlord would be required to plead that premises in occupation of tenant was needed by him for his own use and that he did not occupy any other property in same urban area---Suitability of landlord should be preferred over that of tenant---Various ingredients of bona fide personal need being matter of evidence might be proved at the time of leading evidence---Landlord was not obliged under law to mention details of every property owned and occupied by him---Non-mentioning of such details would not be fatal to ejectment petition---Prerogative of landlord to select any of his properties for his own use---Rent Controller or Appellate Authority could not insist that landlord should occupy some other property. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(3)---Bona fide personal need of landlord---Scope---Suitability of landlord should be preferred and not that of tenant. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment petition---Bona fide personal need of landlord---Acceptance of ejectment petition by Rent Controller without deciding application of WAPDA and Excise and Taxation Department to be made party to proceedings---Validity---Such pending application would have no bearing on ejectment petition---Non-impleading of such applicants would not adversely affect case regarding relationship of landlord and tenant---Function of Rent Controller was to decide dispute between landlord and tenant and nothing beyond…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492