1977 PLD 460 KARACHI-HIGH-COURT-SINDH

Full text

BAGH-E-SHAH VS MUHAMMAD AKHTAR HUSSAIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?eviction of tenant?Master and servant, determination of relationship of?To hold that plea as to existence of relationship of master and servant even if raised indirectly and unsubstantially must be decided by Rent Controller as preliminary issue?Amounts to stretching technicalities too far?Tenant denying allegation of ownership of respondent for want of knowledge and no specific plea as to question of relationship of master and servant raised in appellant's written statement?Rent Controller, held, not bound, in circumstances, to decide such question as a preliminary issue. S. 13 (3)?Bona fide requirement?Whether landlord expected to utilise premises as alleged?A question of fact?Courts below giving concurrent findings?Not open to question in High Court?Respondent admitted to have been formerly residing in premises in question---Findings on question of personal requirement, in circumstances, not disturbed.?[Question of fact