1991 SCMR 2335 SUPREME-COURT

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ABDUL JABBAR VS MUHAMMAD ASLAM Constitution of Pakistan 1973--185 , ----S. 13(3)(a)(ii)(b)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Ground of personal need---Order of ejectment passed against tenant by Rent Controller was reversed by Appellate Court---High Court in appeal, found that the words "not occupying" used in Cl.(b) of S.13(3)(a)(ii) of Ordinance VI of 1959 were used with reference to the premises owned by the landlord, and landlord having proved his suitability was entitled to get the premises in question, vacated for his personal need---Validity---Word, "building" used in Cl.(b) of S.13(3)(a)(ii), would mean a building owned by the landlord---Circumstance, that landlord was occupying a rented shop would not be a legal impediment in seeking eviction of tenant from the shop owned by him; rather same would tend to indicate unsuitability of shop in occupation of landlord himself---View taken by Appellate Court setting aside ejectment order was erroneous and was rightly set aside by the High Court in appeal.