1985 SCMR 2082 SUPREME-COURT

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MUHAMMAD RAMZAN VS ABDUL HANAN Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--11 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 11, 13 & 15--Ejectment--Personal requirement- -Baithak of house rented out by landlord to tenant who used it for commercial purpose as a shop--No permission obtained either by landlord or tenant under S.11 of Ordinance for use of Baithak as such from Rent Controller--Baithak by its very nature of construction being a part of residential house, its use for commercial purpose, even with consent of landlord, held, would not change its essential character as a part of residential house into a non-residential building or premises--In absence of permission of Landlord for conversion of premises into non-residential building, landlord's entitlement, to seek ejectment of tenant from Baithak for residential use and occupation for himself and his family, not barred in law--Order of Rent Controller directing tenant's eviction on said ground upheld.