2023 CLC 277 PESHAWAR-HIGH-COURT

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SHER AFZAL KHAN VS NOOR ISLAM S.13---eviction of tenant---Reconstruction of rented premises---Scope---No restriction exists for seeking the eviction of the tenant on the ground of reconstruction of the demised premises subject to the conditions as provided in S.13(2)(vi) of the Rent Restriction Ordinance, 1959---No requirement of the law for the landlord to establish that the demised premises are in dilapidated or in dangerous condition because the landlord has a right to improve his property despite the building may not be in dilapidated condition, however, S. 13(2)(vi) has provided a mechanism which manifests that the building or rented land is reasonably and in good faith required by the landlord for reconstruction or erection of a building on the site, and the landlord has obtained necessary sanction for the said reconstruction from the concerned authority for the area where such building or rented land is situated---Section 13(2)(vi) makes it obligatory for the landlord to obtain necessary sanction of reconstruction or erection of new building from relevant authorities at the time of filing of ejection/eviction application or even during its pendency but said provision does not require it to be renewed again and again before starting the actual process of reconstruction.