2004 YLR 2555 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD FAROOQ BUTT VS TARIQ SHARIF and another West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Bona fide personal need of landlord---Landlord living in rented premises---Conversion of residential property into commercial---Tenant admitted his possession but raised a plea that the premises was not residential but was commercial---Effect---Even if the landlord had acquiesced, law prohibited conversion of a residential building and as such notwithstanding user to which the house was put it remained a residential building--If landlord had made out a case for its vacation on the ground of personal bona fide need in terms of S.13 of West Pakistan Urban Rent Restriction Ordinance, 1959 the Rent Controller had the authority rather he was bound to pass an ejectment order--Landlords were occupying rented residential premises and their bona fide need to occupy their own premises stood fully established---High Court declined to interfere with the eviction order passed by Rent Controller and maintained by Appellate Court---Appeal was dismissed in circumstances.