2005 CLC 1758 LAHORE-HIGH-COURT-LAHORE

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Hafiz ALTAF AHMED VS Haji AHMED DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(3)(a)(ii), first proviso---Personal bona fide need of landlord---First tenancy agreement which was executed for a period of 11 months showed one of the conditions that premises in question would not be got vacated by landlord from tenant on ground of personal need of landlord---After expiry of said original tenancy agreement, numerous agreements were executed by parties in continuation of tenancy, but none contained said condition and said condition ceased to exist between the parties---Even otherwise, such a condition which, by itself, was inherently against provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 and which gave a right to landlord to seek eviction on the ground of personal need, could not be termed to be a legal condition---Even if by mutual consent such a condition was agreed upon, same could not have perpetual effect depriving landlord from seeking ejectment of tenant on ground of personal need if at a later point of time such a need accrued, in particular when in subsequent agreement said condition was also not mutually agreed---Restriction imposed on landlord in first proviso to S.13(3)(a)(ii) of West Pakistan Urban Rent Restriction Ordinance, 1959, which was only for specified period agreed upon between the parties, was also not available to tenant---After lapse of 11 months period in first tenancy agreement, landlord was relieved of said condition---Condition of terms of an agreement although expired, was permissible provided same were not inconsistent with the statute.