2015 CLC 1204 LAHORE-HIGH-COURT-LAHORE

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ASLAM ALI SHAH VS MUHAMMAD AZAM Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Landlord filed eviction petition on the grounds of violation of the terms of rent deed, subletting and personal need for his "brother"---Petition was accepted concurrently---Validity---Brother could not be included in the list of children---No issue on the point of subletting was framed---Personal need for the brother of the landlord was not recognized as a valid ground for eviction of tenant---Proof with regard to settlement or agreement in-between the tenant and sub-tenant as to the period of sub-tenancy and the rate of rent for such period was required to establish subletting---Landlord had failed to justify the allegation of subletting by placing any cogent evidence on record---Violation of the terms and conditions of the rent agreement had nowhere been provided in the West Pakistan Urban Rent Restriction Ordinance, 1959 as a ground seeking eviction by the landlord---Both the courts below had erred in law by holding that in violation of the terms and conditions of the rent agreement, the tenant was guilty of subletting of rented premises---Eviction order was not sustainable---Impugned order and judgment passed by the courts below were set aside and ejectment petition was dismissed---Appeal was allowed in circumstances.