Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 15---Second appeal---Scope---Interference---Condition---Appellate Authority had passed order after proper appreciation of evidence---High Court could not interfere in finding of fact arrived at by the Appellate Authority in second appeal unless and until the Authority had misread or non-read the record. Nazir Ahmad's case NLR 1980 SCJ 54 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(3)(a)(ii)---Bona fide personal need of landlord---Even the sole testimony of the landlord was sufficient to establish his personal bona fide requirement. (c) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 132 & 133---Specific assertion made by the witness ---Credibility--­If a specific assertion material to the controversy of the case made by the witness was not challenged in cross-examination by putting contrary suggestions, then same was to be given full credit and accepted as true unless rebutted by reliable, cogent and clear evidence. Noor Jehan Begum's case 1991 SCMR 2300; Luqman's case 1985 CLC 2327; Abdul Ghafoor v. Abdul Qadir 1986 MLD 1636; Qamar-ud­Din's case 1988 SCMR 819; S.M. Noor-ud-Din's case 1998 SCMR 2119; Jehangir Rustam Kaka's case 1992 SCMR 1296; Hassan Khan v. Ms. Munawar Begum PLD 1976 Kar. 832 and Mst. Taheed Khanam v. Muhammad Shamshad 1980 SCMR 593 ref. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(3)(a)(ii)---Bona fide personal need of landlord---Proof---Assertion or claim of landlord if consistent with his averments in his application and not shaken in the cross-examination or disproved in rebuttal, was sufficient to prove that need of landlord was bona fide---Landlord had to establish his bona fide need and assign reasons for such need---If need of the landlord was mentioned in the application and duly established through evidence for which the landlord must enter in the witness-box and depose on oath about the personal bona fide need and assign reasons for such need, the Court would normally not question such need. Gulla Jan v. Ghulam Habib and others 1993 CLC 1149; Syed Anisur Rehman v. Mst. Saira Bi PLD 1985 Kar.…

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