1998 MLD 480 LAHORE-HIGH-COURT-LAHORE

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HAJI FAZAL HUSSAIN VS MUHAMMAD YOUSAF CHISHTI 1980 SCMR 590, 1984 CLC 2912, 1984 CLC 693, PLD 1982 Kar. 823, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13 & 15---Ejectment of tenant---Premises in question were let out to tenant for non-residential purposes---Landlord sought eviction of tenant on the ground that he wanted the same for residential purposes --- Effect--- Premises in question were not only let out for non-residential purposes but also surrounding shops were let out for the same purpose---Two distinct and different modes having been provided for eviction of tenant landlord was required to plead as to under what law he would be seeking eviction of tenant i.e., for residential purpose or for non-residential purpose as also he must indicate nature of building and purpose for which he required the same---Landlord having not done so, pleading could be termed as vague and evidence led to prove that non-residential building was required for residential purpose, could neither be looked into nor relied upon---Landlord's plea that building comprising shop in question, being composite building, non-residential premises therein could be got vacated for residential purposes, could not be countenanced---Rent Controller had taken into consideration such aspect of the case and dismissed the same as untenable---First Appellate Court, however, did not advert to the same and proceeded to reverse findings of Rent Controller without any lawful basis, therefore, such finding could not be sustained---Finding of Rent Controller dismissing application for ejectment was restored in circumstances.