1986 SCMR 1605 SUPREME-COURT

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GHULARN RASOOL SHAH VS KAMAL KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Ejectment--Personal requirement--A room of the house rented out by landlord to tenant which was being used for business purpose--Bona fide need for personal use as Baithak of house-- Ejectment application allowed by Rent Controller but decision upset by High Court--Appeal to Supreme Court--Fact that premises in dispute essentially constituted a part of appellant's residential house and was bona fide required by him for personal use, established on record--If, by its very nature and structure, premises in question are of residential character, landlord can seek eviction of tenant on ground of personal requirement for residence, notwithstanding fact that same might have been used -by tenant for commercial purpose--Order of High Court set aside and order of eviction upheld.