2023 CLC 1770 PESHAWAR-HIGH-COURT

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MUHAMMAD RAMZAN VS Mian MUHAMMAD WAQAS Ss. 13(2)(iv), 13(3)(a)(i), (ii) & 13(4)---eviction of the tenant---Personal bona fide need of the landlord---Restoration of the evicted tenant---Scope---Contention of the petitioners/tenants was that the suit-shops were actually not required by the landlord for his personal bona fide need, instead he had an inclination to re-let to other persons which amounted to infringement of statutory safeguard to original tenants---Validity---Section 13(4) of the West Pakistan Urban Rent Restriction Ordinance, 1959 ('the Ordinance 1959') stipulated a statutory safeguard in case(s) where a landlord having secured possession of premises for the purpose of his own occupation or his family's use subsequently did not do the same---Section 13(4) of the Ordinance 1959 had entitled the tenant to move the Rent Controller for restoration to him and on being satisfied of the requirement of said provision, the Rent Controller was obliged to make an order accordingly---Although the provisions envisaged in section 13 of the Ordinance 1959 stipulated eviction of tenant on various grounds , however, the eviction ordered under clause (iv) of the subsection (2) or under sub-paragraphs (i) and (ii) of paragraph (a) of subsection (3) to said S.13 was reversible if the condition which had led to the said eviction, were not satisfied within the prescribed time---If the tenant was dispossessed on the ground that the landlord or his children required the rented premises for his or their occupation whereas he or they did not occupy the said premises or after having occupied the same re-let the same within two months of taking over the possession thereof, then Rent Controller , on being approached, could straight away direct that the evicted tenant be put back into possession of the property-in-question---No illegality or infirmity was found in the impugned judgment passed by the appellate Court directing eviction of the petitioners /tenants on the basis of personal bona fide need of the respondent/landlord---Constitutional petition was dismissed, in circumstances.