1981 PLP 327 (CLC)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ‑ S. 13(2) (vi)‑Ejectment‑Landlord's statement on oath before Rent Controller, held, one of material pieces of evidence for consider ing question whether landlord requires premises in good faith/bona fide. Abdul Azlz and another v. Muhammad Ibrahim P L D 1977 S C 442 ; Muhammad Asghar and 5 others v. Mst. Jamila Khatoon 1979 C L C 367 ; Haji Ghulam Muhammad v. Abdul Qadir P L D 1975 Lah. 200 and Mansoor Ahmad v. Bashir Hussain Babri P L D 1977 Lab. 532 ref. (6) West Pakistan Urban Rent Restriction ordinance (VI of 1959)‑ _ S. 13(2) (vi)‑Ejectment ‑ Determination of personal require ments of landlord in good faith‑Principles. As regard `personal requirements' the principles culled from certain cases are (1) If a landlord without any plausible reason fails to appear as witness before Rent Controller in support of his application for ejectment on ground of personal requirement in good faith, this 'will be fatal to his application ; (2) Fact that landlord is putting up in a rented house itself simpliciter will not be sufficient to prove conclusively fact that landlord requires house bona fide for his personal occupation or for occupation of his children, but this will be a material fact to be considered alongwith other facts and attending circumstances ; (3) Landlord's statement on oath in conformity with averments in rent application if not shaken in cross‑examination and if not disproved by evidence in rebuttal shall be sufficient to record finding in favour of landlord ; (4) Landlord's failure to examine children for whose occupation he is seeking ejectment of a tenant will not be fatal if landlord's statement on oath is convincing and tenant has failed either to shake his statement in cross‑examination or to disprove by evidence in rebuttal ; (5) if a landlord owns more than one residential building or shop which he has rented out, it is for him to decide which of residential buildings or shops he would like to occupy provided such choice is not prompted on account of bad faith. (6) Landlord in possession of a rented residential building or shop is not required to prove that the said premises are not suitable for his needs at the time of filing of ejectment application on ground of personal requirement nor be is to prove that he has not vacated rented premises after commencement of Ordinance. (7) In absence of reliable evidence in rebuttal, concurrent findings on question of personal requirement cannot be interfered with in second appeal by High Court. Hassan Khan v. Mrs. Munawar Begum P L D 1976 Kar. 832 ; Iqbal Ahmad v. Mehrban Ali P L D 1979 Lah. 127 ; Ghulam Mohyuddin v. Suba Khan P L D 1977 Lah. 1094 ; Muhammad Bashir v. Vensemal and 4 others P L D 1980 Kar. 409 and Abdul Azlz and another v. Muhammad Ibrahim P L D 1977 S C 422 ref. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ S. 13(2) (vi)‑Personal bona fide requirement‑Cumulative effect of evidence brought on record by a landlord that his bona fide personal requirement or his good faith cannot be doubted‑No legal require ment, held, for landlord to prove he having been asked by his landlord to vacate rented premises or made to pay exorbitant rent as compared to rent charged from his tenant, or any other facts akin to such facts‑Tenant on contrary required to prove bad faith on part of landlord in rebuttal of landlords evidence and such burden can be discharged by proving any facts indicating lack of good faith on part of landlord. (d) Words and phrases‑ Word `bona fide'‑‑Bona fide act, held, means an act performed honestly, without fraud, collusion or participation in wrong doing. (e) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ S. 13‑Ejectment‑Waiver‑Landlord after commission of a default continuing to accept rent without any protest and not taking ejectment proceedings within reasonable time‑Presumption arises as to landlord having waived such default.‑[Waiver]. Robert Cotton Association Ltd. v. Inayatullah & Co. P L D 1959 Lah. 178 ; Muhammad Tufail v. Barkat Ali P L D 1967 Kar. 151 ; Moulana Qari Zahir Qasim v. Abdul Waheed Khan P L D 1975 Kar. 66 and Muhammad Ashraf v. Muhammad Sharif P L D 1971 Lah. 610 ref. (f) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑ S. 13‑Ejectment‑A landlord cannot succeed on ground of default without pleading full particulars in rent application‑Vague allegation of tenant having committed deliberate default in payment of rent, held, not sufficient to maintain an application for ejectment on ground of personal bona fide requirement of premises.