| Citation(s) |
|---|
| 2010 SLG 347 2010 SLD 347 2010 CLC 64 |
Lahore High Court
S.A.Os. Nos.150 and 151 of 2009, decision dated: 16-10-2009
IJAZ-UL-AHSAN, J
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S.A.Os. Nos.150 and 151 of 2009, decision dated: 16-10-2009
IJAZ-UL-AHSAN, J
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TEHKEDAR JEHAGIR
VS
IZAT FAZEEL and others
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 13 & 15---Ejectment of tenant---Bona fide personal need of landlord---Plea of---Scope---Landlord categorically stated in his statement that he wanted to establish a showroom for electronics by combining four shops, two of which had already been got vacated and he needed the other two shops to set up his business where his brothers could join him in running the showroom of electronics; such evidence could not be disproved or shaken in cross-examination---Solitary statement of the landlord was sufficient to establish bona fide personal need. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment of tenant---Plea of---Bona fide personal need of landlord---Each case had to be decided on its own merits---Tenant could not be allowed to force a landlord to let him use the leased premises for an indefinite period notwithstanding landlord's personal need. Mian Faheem Altaf for Appellant. ORDER IJAZ-UL-AHSAN, J.--- By this order, I propose to dispose of S.A.O. No.150 of 2009 and S.A.O. No.151 of 2009 as common questions of law and facts are involved in these appeals. 2. The appeals are directed against judgment and decree passed by the learned Civil Judge at Sialkot on 20-6-2009, whereby the appellants were evicted from the premises under their occupation as tenants. The appellants were in possession of Shops Nos.4 and 5 in a premises which was initially owned by the father of respondent No.1 and after his demise had devolved upon the respondents. It is common ground between the parties that it was an oral tenancy and no written document in this regard was produced before the learned trial Court. Although various grounds were taken in the suit for ejectment filed by the respondent No.1 including default, damage to the premises, expiry of lease period etc. the main ground for seeking eviction was bona fide personal need of the landlord. 3. The suits were contested. The learned trial Court framed as many as eight issues. On behalf of the respondents, respondent No.1 appeared as a witness in support of the case and produced Ali Akbar as P.W.2. The petitioner…
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