Law:

Section:

Constitution of Pakistan (1973)-----Arts. 185(3) a 199--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Personal need--Bona fide of-­Application rejected on ground that a rented shop was possessed by father of petitioner-landlord and such possession disentitled him from seeking eviction of tenant on ground of personal requirement as that showed want of bona fides on his part--Petitioner contending that even if he himself had been in possession of a rented shop that could not be a legal bar to his seeking eviction. of tenant from shop on personal ground--Leave granted to examine, inter alia, such contention. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 6-7-1983 of the Lahore High Court; whereby a Constitutional petition arising out of order of eviction of the respondent No. 3 tenant passed by a learned Rent Controller, was dismissed. The respondent was ordered to be ejected on the ground of personal requirement of the petitioner-landlord. The tenants appeal, however, was accepted and the petitioners application for eviction, was dismissed. The order of the appellate Court having been upheld by the High Court in its Constitutional jurisdiction, the petitioner ­landlord has now sought leave to appeal. The case has ultimately been decided against the petitioner on two points: One, that he had also asserted ground of default of payment of rent by the tenant and because he, the landlord, had failed in substantiating that ground, therefore, this failure will react on his bona fides regarding the other ground namely,…

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