1991 MLD 776 KARACHI-HIGH-COURT-SINDH

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HAMEEDA BEGUM VS HASAN BANO 1986 MLD 1610, 1988 MLD 1013, 1988 MLD 1412, PLD 1986 Kar. 84, West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.15(2)(vii)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(3)---Personal requirement of landlord---Provisions relating to personal requirement of landlord contained in S.13 of Ordinance, 1959, were drastically different and distinguishable from provisions in respect thereof found in Ordinance, 1979-- Ordinance 1979 did not make any distinction between residential building and a non-residential building for which there were separate provisions in the Ordinance of 1959 and in order to succeed under Ordinance, 1979, a landlord was required to establish his "good faith" and "requirement" of premises only whereas under repealed Ordinance, 1959, an umbargo was placed upon landlord before his "good faith" and "requirement" could be considered by the Rent Controller---Said embargo being that landlord was not occupying another residential building suitable for his needs in the same urban area in which such building was situated that he had not vacated such building without sufficient cause after commencement of Ordinance in said urban area and that where tenancy was for specified period, landlord was not entitled to apply on that ground for eviction of his tenant---No such conditions having been laid down in Ordinance, 1979 relating to personal requirement of a landlord provisions under Ordinance, 1979 are more liberal then those found in Ordinance, 1959.