2010 SCMR 478 SUPREME-COURT

Full text

MUHAMMAD ASHRAF JAVAID VS ALLAH RAKHA Contract Act 1872--28 , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Contract Act (IX of 1872), S.28---Ejectment petition---Bona fide personal need of landlord, ground of---Tenancy agreement containing a stipulation to the effect that landlord on receipt of Rs.80,000 would not eject tenant on ground of personal need--Ejectment petition accepted by Rent Controller and first Appellate Court was dismissed by High Court on the ground that such amount paid by. tenant to landlord was in consideration of such stipulation---Plea of landlord that such stipulation debarring him from seeking eviction of tenant was in violation of statutory provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 and Contract Act, 1872, thus, impugned order of High Court was not sustainable---Validity---Tenant had not controverted such plea of landlord---Rent Controller and first Appellate Court on basis of evidence on record had found personal need as bona fide---High Court had not attended to such aspect of the case---Supreme Court set aside order of High Court and restored order of ejectment concurrently passed by Rent Controller and first appellate Court while directing landlord to refund such amount to the tenant.