1998 PLD 177 LAHORE-HIGH-COURT-LAHORE
Punjab · 1998
Full text
MASSODUL HASSAN VS MUHAMMAD IQBAL PLD 1982 Kar. 617, PLD 1982 SC 218, West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13 & 15---Bona fide personal need of landlord---Landlord at the time of filing of ejectment application was employed in Government service while he had retired during pendency of his ejectment application---Even if landlord's need was premature at the time of filing of ejectment application, yet the same having matured during pendency of his first appeal, same should not have been ignored by Appellate Forum without assigning any valid reason---Nothing, however, would prevent landlord to seek eviction of tenant on the eve of superannuation of his age---Sufficient safeguard having been provided in law in the event of landlord not occupying demised premises, tenant should have had no fear on that count---Rent Controller and Appellate Forum in dismissing ejectment application of landlord had proceeded on wrong premises and, therefore, impugned orders were not sustainable---Ejectment of tenant was allowed in circumstances.
