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---Permission for reconstruction obtained after decision on ejectment petition---Effect---Landlord filed an application for ejectment of tenants under S.13(2)(vi) of the Urban Rent Restriction Ordinance, 1959---Rent Controller dismissed the ejectment application---Appellate Court dismissed the appeal---Validity---Landlord was granted permission for reconstruction much after the decision of the Appellate Court---Case of the landlord did not fall within the ambit of S.13(2)(vi) of the Ordinance---Approval of building plan was neither placed before the Rent Controller nor before the Appellate Court in order to substantiate the contention of the landlord for reconstruction or erection of a new building and the petition under Article 199 of the Constitution could not be held to be continuation of the ejectment application filed before the Rent Controller---Application of landlord was premature, as such, it was rightly dismissed by both the lower fora---Order of ejectment on the ground of reconstruction and good faith could only be passed after holding proper inquiry/trial---Writ petition was dismissed.