2006 YLR 1240 LAHORE-HIGH-COURT-LAHORE

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Haji ALTAF AHMED VS Haji AHMED DIN 1984 SCMR 741, 1988 CLC 402, 2000 CLC 1684, PLD 1985 SC 1, PLD 1991 SC 242, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13(3)(a)(ii) & 15---Ejectment of tenant on ground of personal bona fide need---Second appeal---Premises in question were obtained by father of appellant on rent from respondent through agreement of rent for a period of 11 months-One of the conditions in said rent agreement was that premises in question would not be got vacated from appellant by respondent's predecessor-in-interest or his legal heirs on the ground of personal need---After death of predecessor-in-interest of respondent, tenancy remained continued and various agreements/rent deeds were executed between the parties, but said condition was not mentioned in any of later rent deeds---Ejectment petition filed by respondent, was concurrently accepted by Rent Controller and appellate authority below---Validity---Agreement containing said condition stood terminated after expiry of stipulated period of 11 months---Said condition, in circumstances, ceased to exist between parties---Even otherwise such a condition, which by itself was inherently against provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 which had not given a right to landlord to seek eviction on the ground of personal need, could not be termed to be a legal condition---Even if by mutual consent such a condition was agreed upon, same could not have perpetual effect depriving landlord from seeking ejectment of tenant on ground of personal need, if at a later point of time such a need arose, especially when in subsequent agreements, said condition was not mutually agreed---Protection sought by appellant/tenant under first Proviso to S.13(3)(a)(i) of West Pakistan Urban Rent Restriction Ordinance, 1959, was also not available to appellant.