2007 PLD 588 LAHORE-HIGH-COURT-LAHORE

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BATA PAKISTAN LIMITED through Company Secretary and General Attorney VS MUHAMMAD ANWAR 1999 SCMR 348, 2004 SCMR 126, West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Eejctment of tenant---Bona fide personal need of one of the landlords---Premises was jointly owned by more than one person---One of the owners tiled ejectment application on the ground of bona fide personal need, which was allowed by Rent Controller---eviction order passed by Rent Controller was maintained by Appellate Court---Plea raised by tenant was that he had not defaulted in payment of rent, therefore, principle that, one of the co-owners could seek ejectment of tenant was not applicable---Validity---Eejctment could be sought for bona fide personal use of one of the co-owners, particularly when other co-owner who had admittedly delivered possession to tenant had no objection to the same and was fully supporting the co-owner---High Court in exercise of appellate jurisdiction declined to interfere with the eviction order passed by two Courts below---Second appeal was dismissed in circumstances.