Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---"Landlord"---Status---Landlord filed application for ejectment of tenant from shop on ground of his bona fide personal need for setting up business of his son---Landlord had admitted that he had vast and extended business---Trial Court and Appellate Court below dismissed petition and appeal of landlord and had held that need of landlord lacked bona fide---Validity---Landlord had prerogative to choose shop suitable for his use, nevertheless he would be required to show as to how and why his other shops were suitable for business in order to prove his bona fide. 2006 SCMR 152, 2010 MLD 665 and 2000 SCMR 542 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Proof---Witness of landlord admitted that landlord was owner of several commercial plazas and markets and many were still vacant---Landlord's son for whom the shop was intended to be used admittedly had been managing a hospital---Landlord pleaded that on basis of statement on oath and his son that shop was required for bona fide personal need there had been no justification to deny vacant occupation to landlord---Effect---Proof of bona fide and good faith was sine qua non for an order of eviction by Rent Controller---Rent Controller and appellate court had arrived at the conclusion that necessary ingredients were missing and correctly declined eviction order---Constitutional petition was dismissed. Haji Mohibullah v. Khawaja Bahauddin 1990 SCMR 1070; Muhammad Shoaib Alam and others v. Muhammad Iqbal 2000 SCMR 903; Syed Jan Muhammad and another v. Syed Abdul Khair 2001 SCMR 1287; Allies Book Corporation v. Sultan Ahmad 2006 SCMR 152; Ferozuddin v. Additional District Judge, Karachi East and another 2010 YLR 874; Pakistan Institute of International Affairs v. Naveed Merchant and others 2012 SCMR 1498; Ferozuddin and another v. Additional District Judge,…

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