Law:

Section:

The petitioner through this Constitutional petition has sought declaration that the order of respondent No.1 dated 23-12-1987 is illegal and prayed for its set-,siding and restoration of the order of respondent No. 2 dated 11-10-1986.   2. The relevant facts are that the petitioner let out Shop No. 7, Building No.1, Commercial Zone, Gulberg-III, Lahore, to respondent No. 3 in year 1971. The petitioner sought ejectment of respondent No. 3 on the ground of personal use in the ejectment application filed on 5-7-1984. The tenant resisted this application. The learned Rent Controller in view of the pleadings of the parties framed following issues:--   "(1) Whether the disputed property is required by the plaintiff for his personal use in good faith? OFP.   Relief."   The petitioner in order to prove the issue produced Muhammad Naeem, u Advocate as PW 1, Mahmood Anwar as PW2, Muhammad Sarwar Qadri as PW3 and himself appeared as PW4. The petitioner also produced documentary evidence, which included Exh. P.1 to Exh.P.6 returns submitted to Excise Department. The decision of his wealth tax case as Exh.P.7, site plan as Exh. P. 8, agreement dated 19-5-1971 as Exh.P.9 , agreement dated 6-3-1971 as Exh.P.10, compromise dated 4-11-1975 between the parties in earlier ejectment petition as Exh. P.11, statements of the parties dated 4-I1-1975 as Exh.P.12 and order of the Rent Controller dated 4-11-1975 as Exh. P.13 , the application moved by the petitioner and his tenant for dismissal of another ejectment petition in terms of the compromise as Exh. P.M. The tenant in rebuttal examined Sher Amjad as RWI., Tussadaq Hussain as RW2, Naveed Akbar as RW3, Mursalin Dar as RW4, Amjad Waheed Butt as RW5 and himself appeared as RW6. The respondent also produced documentary evidence, which included money order receipt as EXh.R.1, letter from the petitioner as Exh.R.2, copy of ejectment petition as Exh.R.3 while reply to this petition as Exh.R.3/1, the statements of the parties in the matter as Exh.R.3/2, copy of another ejectment petition and its reply as Exh.R.4 and Exh.R.4/1 respectively while copy of application as Exh.R.5, copies of the statements as…