Law:

Section:

(a) West Pakistan Urban Rest Restriction Ordinance (VI of 1959)-- ------S. 13(3)(a)(ii)Requirement for bona fide use of sonFact of landlady's son having a shop in his possession and vacating it after enforcement of Ordinance (VI of 1959)Not sufficient to spell out lack of bona fides in absence of evidence of vacated shop having belonged to landlady. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---- --- S. 13(3)(a)(ii)Requirement for bona fide use of sonFact of son intended to be put in possession of shop having failed to carry on any business successfully and changed several shops previously--­Does not prove want of bona fides. The fact that the son for whom the shop was required bad failed to carry on any business successfully and changed several shops previously does not prove want of bona fides. There might be circumstances beyond his control which may be responsible for his earlier failures; (c) Constitution of Pakistan (1973)---- Art. 185(3)Point not taken in petition for special leave to appealCannot be allowed to be raised in arguments. JUDGMENT HAMOODUR RAHMAN, C. J.---The -Petitioner is a tenant of a shop situated in Mohallah Krishan Nagar, Gujranwala, belonging to the -Respondent herein. The latter applied to the Rent Controller on 31st July, 1963, for the ejectment of the -Respondent on the ground that she required the shop for the business of her son. This petition was resisted on the ground that the need was not a bona fide one and the ejectment proceedings were started only to harass the -Respondent since the appellant merely wanted to enhance the rent. The Rent Controller decided the case against the landlady on the ground that her son, Muhammad Salim, had vacated another shop in his possession after the enforcement of the West Pakistan Urban Rent Restriction Ordinance, 1959. Hence his requirement was not bona fide. This order was also maintained in appeal by the learned District Judge, Gujranwala. But in second appeal a learned Single Judge of the High Court has interfered with the concurrent findings of the Courts below as to the bona fides of the requirement of the landlady on the ground that the findings were against the…

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