1991 PLP 1229 (SCMR)

‑‑‑‑S.13‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Landlord's application for ejectment of tenant on ground of personal need dismissed ‑‑Landlord's son subsequently filing ejectment application claiming that the shop in question was orally gifted to him and he needed the same for his own needs‑‑‑Son's application was allowed and finding was upheld upto the High Court‑‑‑Leave to appeal was granted to examine the contention; that in the overall context of litigation it would be apparent that firstly the father tried to oust the tenant from his tenancy and on his failure his son filed ejectment application saying that the shop in question had been donated to him by an oral gift and notwithstanding that he had another shop in the same building where he was carrying on business still he wanted the shop and also to consider that landlord was not entitled to relief under law which was intended to give protection to tenants and the landlord's mechanization should not have been allowed to succeed. Muhammad Hanif Niazi, Advocate Supreme Court and Rana MA. Qadri, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 22nd January, 1990. ABDUL SHAKURUL SALAM, J.‑‑‑Petitioner‑company is a tenant of a shop and godown underneath in the Crown Hotel Building, 2, Brandreth Road, Lahore. The building was owned by one Mian Taj Din. In the same building, in another shop his son Mian Ahsan Taj has been carrying on business. Firstly, Mian Tai Din sought eviction of the petitioner on the ground of default in payment of rent and personal need. Ultimately his application for ejectment of the petitioner was dismissed after re‑appraisal of the evidence on record by the then learned District Judge, Lahore (now Judge of the Lahore High Court) on 14‑1‑1985.

2. Subsequently the owner's son, respondent No.l filed an ejectment application against the petitioner saying that he was orally gifted the shop in question and he needed if for his personal use. The application was resisted by the petitioner and it was controverted that the respondent needed the shop for personal use as he already possessed another shop in the same property where he was carrying on business. The application was, however, allowed, by the learned Rent Controller vide order dated 10‑4‑1989. Petitioner's appeal was dismissed by an Additional District Judge on 16‑10‑1989. The petitioner‑tenant filed a Writ Petition No.7671 of 1989. Three contentions were raised; firstly, that section 14 of the Rent Restriction Ordinance, 1959 precluded fresh ejectment application on the ground of personal use, rule of constructive res judicata would be applicable, secondly, that the bona fide personal requirement of the shop by the respondent was not established; and, thirdly, that the respondent landlord was guilty of suppression of material facts inasmuch as he was already in possession of the shop in the same building but instead of its forthright disclosure made a deliberate false statement that he was not in possession of any business premises suitable for his needs. However, the learned Single Judge dismissed the petition in limine vide order dated 2‑12‑1989. Hence this petition.

3. Learned counsel for the petitioner has contended that in the overall context of the litigation it would be apparent that firstly the father tried to oust the petitioner from his tenancy and when he failed an ejectment application was filed by his son saying that he had been donated the shop in question by an oral gift and notwithstanding that he had another shop in the same building where he was carrying on business, he wanted the shop in question. It was submitted that the respondent was not entitled to relief under the law which was intended to give protection to tenants and the respondent's mechanization should not have been allowed to succeed.

4. Contentions raised require consideration.

5. Leave is granted. Security in the sum of Rs.5,000 shall be deposited. The petitioner shall continue to pay the rent at the usual rate. In the meanwhile he shall not be disturbed in his possession. A.A./M‑1251/S Leave granted.