2009 YLR 989 LAHORE-HIGH-COURT-LAHORE

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ABDUL MAJEED VS MUHAMMAD YAQOOB 1991 CLC 2018, 1995 SCMR 1811, 2001 YLR 3106, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss.13(3)(ii) & 15---Ejectment of tenant on ground of personal need of landlord---Shop in question, in fact, was owned by wife and daughter of the landlord who had rented out the same to the tenant---Where the landlord was not himself the owner of the premises in question, the eviction of the tenant without reference to the needs of the real owners, could not be sought for his personal requirement---Both owners of the shop in question were womenfolk and were also dependant upon the landlord---If a non-owner landlord had to justify the personal requirement of the owners for vacation of the premises, then if he could show that the eviction was needed for the benefit of the owners through the use of the premises by him, the ejectment petition could not be thrown away simply on the grounds agitated by the counsel for the tenant---Use of the premises by the landlord for the benefit of his wife and daughter, could justify the bona fide character of the demand---Contention of the tenant that the need of the owners was not mentioned in the ejectment petitions, could not be of any avail to him because in the given situation and circumstances a need of the landlord was the need of his family i.e. his wife and daughter, and nexus of the needs of the owners with the use of the shop for their benefit, could not be extinguished simply because that details were missing from the contents of the ejectment petition---Landlord had not only established his bona fide requirement for the shop in question, but also was entitled to get the same vacated for the commonality of his personal need and the need of his family members who were real owners of the shop.