2011 CLC 477 PESHAWAR-HIGH-COURT

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AZIZ-UR-REHMAN VS QURBAN ALI 1985 MLD 1485, 1989 SCMR 1847, 1996 SCMR 1178, 1997 SCMR 1062, PLD 1983 Pesh. 67, PLD 1987 Lah. 280, Constitutional petition--TERM , Eviction proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 13(2)(vi), 13-A & 2(c)---Constitution of Pakistan, Art.199---Constitutional petition---eviction proceedings---Premises required for reconstruction by landlord---`Landlord'---Meaning---Rent Controller accepted ejectment petition---Appellate Court upheld the order of Trial Court---Tenant contended that the landlord never apprised him of the partition of demised premises in his favour---Validity---Suit shops were hundred years old and were in dilapidated condition dangerous for human occupation---Landlord was consistent in his deposition as to bona fide personal need of the demised property for reconstruction--Tenant having very weak right in demised property was not entitled to deny the landlord reconstruction or improvement in such property---Landlord was one of the joint owners of the demised property . and had been receiving rent collected on his behalf by his brother who admitted to the existence of family partition---Clause (c) of S.2 of the West Pakistan Urban Rent Restriction Ordinance, 1959 did not restrict the meaning of the word `landlord' only to the person who actually received rent but also included a person eligible to receive rent though he might never have received rent in past---Landlord and any other person collecting rent on his behalf were entitled jointly or severally to institute eviction proceedings under S.13 of the West Pakistan Urban Rent Restriction Ordinance, 1959---Having not agitated the ownership of the landlord at the time of framing the issues, tenant could not raise the plea of framing issue to determine the existence of relationship of landlord and tenant---Notice under S.13-A of the West Pakistan Urban Rent Restriction Ordinance, 1959 was required only where landlord had sought eviction on the ground of default in payment of rent by the tenant---Landlord did not agitate default in rent while tenant acknowledged the ownership of landlord, so verbal demand by landlord was sufficient to inform the tenant about his exclusive ownership and personal need of the demised property---Tenant had no right to question the suitability of rented property to a particular personal use---Statement of landlord on oath consistent with his averments was sufficient to establish his bona fide personal need---Tenant's objection to the legality of reconstruction of demised property was a matter to be decided by the municipality which issued approved site plan and permission of reconstruction---Law did not provide for any specific mode to evaluate the bona fide personal need of the landlord; satisfaction of Rent Controller was the criterion for determining the bona fide personal need of the landlord---Rent Controller's conclusion that the demised property was genuinely required by the landlord for reconstruction was based on solid evidence---Tenant's petition was dismissed in circumstances.