2015 CLC 1247 PESHAWAR-HIGH-COURT

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Malik TAHIR MEHMOOD VS NATIONAL BANK OF PAKISTAN 2001 SCMR 1197, Constitutional petition--TERM , Ingredients--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 13-A---Constitution of Pakistan, Art.199--Constitutional petition--- Application for eviction of tenant--- Ingredients--- Good faith---Default in payment of rent---Bona fide personal need of landlord---Scope---Demised premises was transferred in favour of landlord who served notice upon the tenant with regard to change of ownership as well as vacation for the same---No rent agreement existed between the parties---Good faith was prime and essential ingredient for eviction of tenant---Tenant had failed to prove that landlord was not needy but a greedy person who only wanted to enhance the rent or to rent out the premises to other tenant for higher rent---Tenant could apply to the Rent Controller for restoration of possession of suit premises if landlord did not occupy the same within one month after its eviction or rent it out to other tenant after two months of possession---Rights of tenant had been protected if the suit premises after eviction was not taken into possession by the landlord for running business of his own or same was rented out to someone else---Landlord required the suit premises for his bona fide personal need in good faith---Tenant had not remitted rent to the petitioner nor same was collected by the previous landlord---Tenant had committed wilful default in payment of rent---Both the courts below had wrongly and illegally declined relief to the landlord---Impugned orders passed by both the courts below were set aside and tenant was directed to vacate the demised premises within four months---Constitutional petition was accepted it circumstances.