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1975 PLD 1 SUPREME-COURT

Supreme Court · 1975

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HASSAN VS FANCY FOUNDATION West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 —S. 13, subsections (2)(vi) & (5-B)— Section 13 as amended by West Pakistan Urban Rent Restriction (Amendment) Ordinance (XXI of 1965)— Amendment of subsection (2)(vi) and insertion of new provision as subsection (5-B) in S. 13—Prospective and not retrospective—Amendment introduced during pendency of landlord's application under S. 1 3(2)(vi)—Landlord, in circumstance, had simply to manifest intention lo demolish existing structure and not bound to show further that building was "reasonably and in good faith required" by him for reconstruction as required by the amended provision—Subsection (5-B) inserted in S. 13, however, operative only after tenant has been ejected from premises and hence if ejectment has taken place after insertion of subsection (5-B) the tenant could avail of this provision despite fact that initiation of eviction proceedings had already started prior to insertion of subsection (5-B).