1994 MLD 1552 LAHORE-HIGH-COURT-LAHORE

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SHER MUHAMMAD VS DARUL ULOOM USMANIA 1990 SCMR 1070, 1990 SCMR 777, PLD 1968 Lah. 863, PLD 1982 Lah. 657, PLD 1991 SC 265, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Application for ejectment of tenant---Ground for ejectment as stated in ejectment application was at variance with the evidence in support of ejectment ---Effect---Ejectment application must plead distinctly in clear terms, any of the purposes for which demised premises was required to be vacated so that tenant should have notice of the ground for his eviction and to defend the same accordingly ---Averment in ejectment application was that property in question was required for establishing a Madrassa, while in evidence it was stated that same was required for the residence of students of Madrassa---Had it been pleaded in ejectment application that property was required for residential purpose tenant might have led evidence that residential premises in Madrassa already occupied by landlord was sufficient for that purpose also--Landlord having taken contradictory pleas in ejectment application and in his evidence was not entitled to claim ejectment of tenant---Appellate Court's order directing ejectment of tenant was set aside while that of Rent Controller dismissing ejectment application was restored in circumstances.