Law:

Section:

Constitution of Pakistan (1973}--- Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Ejectment for personal need of landlord--Concurrent findings of fact arrived at by two Courts below on question of bona fide requirement of premises by landlord and not giving rise to any question of law-Judgment of High Court, held, unexceptionable Petition for leave to appeal dismissed. Abbas Zia, Advocate Supreme Court with S. M. Abbas, Advocate-­on-Record for Petitioner. Nemo for Respondent. Date of hearing: 9th January, 1984. ORDER S. A. NUSRAT, J.-The petitioner seeks leave to appeal from the judg­ment of the Sind High Court dated 21-4-1983 whereby her first Rent Appeal challenging the order of her eviction dated 20-12-1981, from the disputed premises passed by the Rent Controller, Karachi, was dismissed. The petitioner, since quite some time, has been a tenant of the respon­dent landlady in respect of one of the fiats on the first floor of bungalow in P.E.C.H. Society, Karachi, the rent whereof was raised from time to time from Rs. 425 to Rs. 610. The respondent by an application made under section 13 of the West Pakistan Urban Rent Restriction Ordi­nance, 1959 sought ejectment of the petitioner from the disputed premises on the ground that the premises was required by her for her personal bona fide use. The case of the respondent was that she had been residing in a house of her relation in Rawalpindi along with other family members and required the disputed premises for her own use and occupation because she wanted to shift to Karachi. The petitioner filed her written statement and examined Asif Hussain, her son and attorney as a witness in the case. The main defence of the petitioner was that the application for ejectment was filed mala fide by the respondent who wanted to increase the rent. The evidence on behalf of the respondent was furnished by her husband who filed an affidavit in support of the application and was duly cross-examined. On l the basis of the evidence of the parties the issue with…

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