2000 PLD 787 SUPREME-COURT

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ABDULLAH JAN VS ANWAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 14 & 13---Application for ejectment of tenant---Earlier application for ejectment-of tenant on the ground of bona fide personal need of landlord was filed by one of the co-owners which was decided finally---Second application was instituted after a period of 5 years on almost same issues (bona fide need and construction of the property) with the assertion that property in question had been partitioned---Validity---Nothing concrete had been brought on record to show that the property in question was actually partitioned among the co-owners nor even portions to be owned by the co-owners were shown---Evidence produced was insufficient to justify eviction of the tenant on the ground of alleged bona fide need and reconstruction of the property--¬Pleas of ejectment of tenant on such grounds were justifiably rejected in ,circumstances---Supreme Court, however, observed that after private settlement/partition of property in question the applicant or any other co¬ owner or all of them could, if so advised,