2006 PLD 684 LAHORE-HIGH-COURT-LAHORE

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Malik NAZAR HUSSAIN VS Commander (R.) ZAFAR IQBAL 1982 CLC 255, Cantonments Rent Restriction Act 1963--17 , Contract Act 1872--42 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 17(9)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(6)---Contract Act (IX of 1972), S.42---Bona fide personal need of landlord---Cause of action not abating on death of landlord---Right of personal requirement of landlord after his death becomes available to his legal heirs because a contract is always enforceable against the legal heirs or successors of original party and unless a contrary intention appeared in the contract the same does not abate with the death of the parties---Contract of tenancy does not abate/expire with death of party and where original landlord files ejectment petition on ground of his personal need then with his death the cause of action survives and same is transferred to his legal heirs and only effect of the death of landlord is that his legal heirs have to give notice to the tenant intimating the death of landlord otherwise they cannot seek eviction of tenant on ground of default---Right of parties are to be determined on the date of institution of the lis and not on the basis of right accrued to them thereafter---Since original landlord could file ejectment petition for his personal use and such right was available to him at the time of institution of the petition hence his death would not mean that his personal requirement had abated and his legal heirs were not entitled to continue with the proceedings as his successors.