1989 CLC 1296 PESHAWAR-HIGH-COURT

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MUHAMMAD SIDDIQUE VS DISTRICT JUDGE, PESHAWAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13--Civil Procedure Code (V of 1908), OXXII, Rr. 4 & 11--eviction of tenant on ground of requirement of premises for use of landlord's son--Landlord expired during pendency of ejectment application--Maxim "Actio personalis moritur cum persona" whether applicable--On death of original landlord all his heirs including his son .for whose requirement, premises were sought to be vacated, were brought on record, as his legal representatives--Consequently the son for whose benefit premises were required, also became a party alongwith other co-heirs and thereafter, they not only jointly prosecuted the ejectment application against the tenant but jointly defended the appeal filed against them and were jointly defending the Constitutional petition--Pica of personal use in eviction petition filed under Rent Restriction Ordinance might die with the death of landlord under the maxim "Actio personalis moritor cum persona" but such principle cannot be attracted to cases in which requirement was for the use of son in which case the son acquired a valid right to be impleaded as legal representative under provisions of OXXII, Rr. 4 & 11, C.P.C., the principles whereof were to be followed by the Rent Controller--Original landlord's death thus, would not result in the lapse of proceedings, if premises were required for the use of son.