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Second Rent Appeal No. 389 of 1976, decided on 10th May, 1981.
‑‑‑ S. 13(3) (a) (ii)‑Non‑residential building‑Landlord's requirement in good faith for personal use‑Landlord (respondent) making averment of his desire to start business of manufacturing Katha‑No evidence led as to landlord's requirements in terms of area for business and obtaining permission to start such business‑Landlord letting out two premises (one near disputed premises)‑No averment made as to both premises or any one of them being not suitable for landlord's needs‑Landlord, held, disentitled to get eviction of tenant.
Khushi Muhammad v. Muhammad Rashid 1968 S C M R 1158 ; Ghulam Muhammad v. Abdul Qadir P L D 19‑15 Lah. 200 and Allah Ditta v. Mst. Rasoolan Bibi 1976 S C M R 459 ref.
‑‑ S. 13(3) (a), first proviso‑Tenancy period fixed‑Eviction‑Require ment in good faith for personal use‑Tenancy for a fixed period -Tenant cannot be ejected before expiry of fixed period except on ground of damage, subletting etc.‑Some amount paid by tenant to landlord- Landlord to explain purpose for which such amount paid‑Landlord failing to describe purpose underlying such payment‑Payment of amount towards future rent to be reasonably assumed for otherwise same could only be termed as premium prohibited to be accepted -Period of tenancy in circumstances, held, deemed to extend to such time by which, on application of such amount towards rent, total amount set off and landlord not entitled to seek eviction of tenant as long as such amount not set off.
Muhammad Idrees Qureshi for Appellant.
Fazle Ghani Khan with Abdul Majeed Khan for Respondent.
Dates of hearing : 6th May, 1980 and 3rd May, 1981.
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