This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question the judgment of the Additional District Judge, Jhang, dated 20-9-1988, whereby while reversing the order of the Rent Controller dated 1-7-1987, he dismissed the ejectment petition, on the ground that the shop in dispute was not required bona fide for the personal use of the petitioner's son, Ghulam Hussain.
2. The Rent Controller had come to the conclusion that the landlord had successfully proved the need of his son bona fide and in good faith, he therefore, directed eviction of the respondent No.l from the shop. These findings of the Rent Controller were reversed in appeal by the Additional District Judge who took the view that the landlord has failed to prove that his son has any experience in the business and secondly that his son could carry on business in any other shop.
2. During pendency of this petition, Muhammad Yousaf petitioner--the landlord is stated to have died and his legal representatives have to be brought on record. The judgment of the Additional District Judge, on the face of it, is not sustainable as it is the settled law that it is the prerogative of the landlord to select any one of his shops for his use. Similarly, the ground that the person/son has no experience in the business for which thelandlord seeks eviction from the shop occupied by the tenant, 'is no ground for non-suiting the landlord. However, the matter will have to be remanded to the Additional District Judge for decision afresh in view of the fact that the landlord has died during proceedings before this Court. Both the learned counsel for the parties, agree that the matter be remanded to the Additional District Judge, to determine, what is the effect of this new development. .
As a result of what has been stated above, this petition is accepted and the impugned judgment of Additional District Judge, is declared to be without lawful authority and of no legal effect, with the result that the appeal filed by the respondent against the petitioner against the order of the Rent Controller shall be deemed to be pending before the Additional District Judge who shall decide it afresh in accordance with law. The parties shall appear before the District Judge, Jhang on 15-11- 1992, who may hear the appeal himself or entrust it to any Additional District Judge in the District.
There is no order as to costs.