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Civil Petition for Special Leave to Appeal No. 150 of 1968, decided on 11th November 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th February 1968, in L. P. A. No. 367 of 1964).
Ss. 13(2)(vi) do 13(5)‑‑Application, for ejectment under provisions of S. 13 (2) (vi)‑Bona fides of landlord not relevant in view of adequate safeguard contained in S. 13(5).
S. M. Anwar, Advocate Supreme Court instructed by Sh. Masud Akhtar, Attorney for Petitioner.
Nemo for Respondents Nos. 1 and 3.
M. Mohd. Ismail Bhatti. Senior Advocate Supreme Court instructed by Rana Maqbool Ahmad, Attorney for Respondent No. 2.
Muhammad Ismail Bhatti, Senior Advocate Supreme Court instructed by S. Wajid Hussain, Senior Attorney for Respondent No. 4.
Date of hearing : 11th November 1968.
The petitioner's ejectment from building bearing No. 55, situated outside Akbari Gate, Circular Road, Lahore, was ordered by the Rent Controller on the application of the respondent‑owner under section 13(2)(vi) of the West Pakistan Urban Rent Restriction Ordinance (VI of 1959) on the ground that the latter desired to demolish the old building and intended to construct a new one for the installation of a printing press. The petitioners appeal to the District Judge and second appeal to the High Court followed by Letters Patent Appeal have failed.
The finding reached by all the Courts below that the respon dent genuinely wants to reconstruct the building for his own use and for which his plan has also been sanctioned by the Municipal Corporation, is one of fact well based on evidence and does not warrant interference by us.
The argument that the respondent's requirement of the new building was neither reasonable nor bona fide was not relevant to the disposal of the ejectment petition filed under section 13 (21 (vi) of the Ordinance aforesaid.
The Penal provisions contained in subsection (5) of section 13' of the Ordinance afford an adequate safeguard against a landlord acting in bad faith.
The petition is dismissed.
Leave refused.
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