Case Details

Citation(s)
2010 SLG 2474 2010 SLD 2474 2010 CLC 1209
Lahore High Court

ASAD MUNIR, J
Hafiz Saeed Ahmad Sheikh for Appellant. Munir Ahmed Malik for
Respondents

Sh. MUHAMMAD USMAN

VS

AURANGZEB MUGHAL and another

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 15(6), 13-A & 5-A---Ejectment of tenant---Previous owner had rented the disputed shop to tenant's father---New owner/landlord sent a notice of change of ownership and thereafter filed ejectment petition on grounds of wilful default in payment of rent for last eight months, bona fide personal need of landlord and failure of tenant to pay enhanced rent under S.5-A of West Pakistan Urban Rent Restriction Ordinance, 1959---Trial Court accepted ejectment petition on the first two grounds but rejected the ground of default in payment of enhanced rent for not having been pleaded in the ejetment petition---Appellate Court upheld the of Trial Court accepting the ground of default in payment of enhanced rent---Tenant contended that ground of wilful default in payment of enhanced rent was not available to landlord until a formal demotic, for the same had been made by him---Tenant further contended that bona fide personal need of landlord did not cover need of or use by brother of the landlord---Validity---Personal need of landlord included the need of and use by his relatives, including his brother, if they were dependent on him for the landlord would benefit in material terms by way of having been relieved from supporting his dependent relatives---Tenant could not produce any evidence to prove that he had paid the rent to the previous landlord---Tenant having knowledge that another person had become the landlord was bound to pay rent due within thirty days of receipt of notice of change of ownership of landlord---Landlord needed shop, in good faith, for his jobless dependent brother---Impugned did not suffer from any illegality or irregularity---Tenant having wilfully failed in payment of rent was held liable to be ejected---Appeal was dismissed in circumstances. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss.15(6), 13-A & 5-A---Ejectment of tenant---Tenant could not produce any evidence to prove that he had paid the rent to the previous landlord---Tenant having knowledge that another person had become the landlord was bound to pay rent due within thirty days of…
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