1983 CLC 261 LAHORE-HIGH-COURT-LAHORE

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FAZAL MUHAMMAD VS MUHAMMAD SHAFI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(3)(a)(ii), proviso - eviction proceedings--Cause of action, immaturity of-Plea of personal need although not available to landlord respondent on day he moved application for eviction of petitioner for reason of stipulated period of tenancy having not by then expired but period of lease having expired during pendency of proceedings, matter, held, entirely of technical significance - Respondent landlord even if not taken plea of personal need in application originally filed he could have moved for amendment of his application to incorporate same as soon as period of lease expired and objection could not have been available to petitioner-Interference with order of eviction merely to uphold a technical objection and thus force parties to another round of litigation, held further, not in interests of justice Constitution of Pakistan (1973), Art. 199.