MUHAMMAD ISHAQ AND Another vs MUHAMMAD RAFIQUE
This matter arises from an ejectment application filed by the respondent landlord against the petitioner tenants and sub-tenants under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, on grounds of default in payment of rent, sub-letting, and personal use. The Rent Controller ordered ejectment on sub-letting and personal use. On appeal, the District Judge maintained ejectment on personal use and default, reversing findings on sub-letting. The High Court dismissed the petitioners' second appeal due to concurrent findings of fact regarding personal use. Before the Supreme Court, the petitioners contended that three statutory essentials under section 13(3)(a)(ii) of the Ordinance were required for ejectment based on personal use. The Supreme Court held that since the lower courts considered and satisfied the first two essentials—that the landlord in good faith requires the property and does not occupy another suitable building—and the third essential was never raised before the High Court or lower forums, the High Court rightly dismissed the appeal. The petition for special leave to appeal was accordingly dismissed.
- What are the essential requirements under the West Pakistan Urban Rent Restriction Ordinance, 1959 for the ejectment of a tenant on the ground of personal use?
- Whether concurrent findings of fact by lower courts regarding personal use justify the dismissal of a second appeal?
- Can a legal plea regarding statutory essentials that was never raised before the High Court be entertained by the Supreme Court?
- Section 13, West Pakistan Urban Rent Restriction Ordinance 1959
- Section 13(3)(a)(ii), West Pakistan Urban Rent Restriction Ordinance 1959
1. SALAHUDDIH AHMED, J. The petitioners are tenants and. Sub --tenants while the respondent is the landlord in respect of the disputed shop. The respondent filed an application for ejectment of the petitioners before the Rent Controller, 7helum under section 13 of the West Pakistan Urban Rent Restriction Ordi--nance, 1959, on the ground of default in payment of rent, sub--letting and personal use. The Rent Controller held that there was no default but ordered ejectment on the grounds of sub--letting and personal use. On appeal by the petitioners the -learned District Judge maintained the order of ejectment on the ground of personal -use as well as on the ground of default in payment of rent, having reversed the finding of the Rent Controller on the latter ground.
2. The learned District Judge also reversed the finding on the question of sub-letting and held that there was no sub-letting. The petitioners' second appeal before the High Court at Lahore was dismissed on the ground of concurrent findings of fact on the question of personal use.
3. Ch. Hamiduddin, learned Advocate - appearing for the petitioners has contended that in order to eject the tenant three essentials are required under section 13(3)(a)(ii) of the said Ordinance.
4. These are, :-
(i) that the landlord, in good faith, requires the property for his own use or for the use of any of his male children ;
(ii) that the landlord or his said child is not occupying in the same urban area in which such building is situated for the purpose of his business any other such building or rented land, as the case may be, suitable for his needs at the time ; and
(iii) that the landlord has not vacated such a building or rented land without sufficient cause after the commencement of this Ordinance, in the said urban area.
5. It appears that this question was never raised before the- High Court. It however, appears on reference to the orders of the `Rent Controller as well as the learned District Judge that the first and second essentials were considered by the Courts and they found that the respondent did not own any other shop and that he bona fide required it for his personal use. The contention a regards the third essential, therefore, does not arise. The learned Judge of the High Court was, therefore, right in dismissing the appeal.
6. The petition is accordingly dismissed.
Cited by 1 case
- ALLAH WASAYA vs SULTAN AHMED AND ANOTHER 1976 PLD Lahore 62