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2001 SCMR 577 SUPREME-COURT

Supreme Court · 2001

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HANIF VS AHMED SHAH 1969 SCMR 131, 1995 CLC 1269, PLD 1961 SC 28, PLD 1976 Lah. 1095, PLD 1976 Lah. 275, PLD 1978 SC 78, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(2)(vi)---Ejectment of tenant---Requirement of the building for reconstruction---All that is needed under the law is that a landlord should reasonably and in good faith require the premises for reconstruction and for that purpose he should have obtained approval of building plan from the Local Authorities concerned. ----S.13(2)(vi)---Ejectment of tenant---Reconstruction---Landlords decided to demolish the demised shops and construct a residential building on a piece of land alongwith the area of the shops---Validity---No restriction could be placed on the rights of the landlord as he was always entitled to improve the condition and nature of his building without any lawful reservation. ----S. 13---Ejectment of tenant---Combination of pleas ---Reconstruction and plea of bona fide personal need by landlord---Two pleas are not mutually destructive and failure of landlord's plea of reconstruction does not disentitle him to eviction on ground of personal requirement.