Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13(4)-Eviction-Requirement for personal use-Rent Controller discussing evidence produced by parties and coming to conclusion of shop being required by respondent landlord for his personal use and such respondent also being owner of shop in question-Petitioner proved to have deposited rent for some period in name of respondent landlord in National Bank-Respondent landlord, in circumstances, held, cannot be said to be not owner of shop in dispute-Petition dismissed as without merit. JUDGMENT M. BURHANUDDIN KHAN, J -This is a petition for leave to appeal against the judgment of a Single Judge of the Peshawar High Court dated 13-12-1981 in Writ Petition 'No. 296 of 1981. 2. The facts which are mentioned in the petition briefly are that the petitioner is a tenant under respondent No. 3 of a shop from which his eviction was sought under section 13 of the Rent Restriction Ordinance on the ground that the ' respondent is running his business in a rented shop and the owner of that shop intends to eject him and therefore he needs the said shop for his personal use. This petition was contested by the present petitioner which gave rise to as many as 13 issues framed by the Rent Controller who, after recording the evidence of the parties, ordered the eviction of the petitioner from the shop in question mainly on the ground that the respondent requires the shop for his personal use in good faith. 3. This finding was challenged by the petitioner by way of an appeal which was heard by the District Judge, Malakand who also concurred with the finding of the Rent Controller and held that the shop in question was required, by the respondent in good faith for his personal use, and dismissed the appeal. The petitioner then challenged the finding of the two Courts in the writ petition on the ground that the respondent has failed to establish his bona fide requirement of the shop. The learned High Court after perusing the entire evidence found that the shop was required by the respondent in good faith and that it was the concurrent finding of the two Courts, and thus it calls for no interference, and dismissed the writ…

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