Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.13(2)(ii)(a) & 13 (3) (a)(ii)(a)--Ejectment on ground of sub­letting of one out of three shops--Personal need of landlord--Tenant evicted from entire premises--Leave to appeal granted to consider that High Court had erred in interfering with concurrent finding of facts of two Courts below that landlord had failed to prove that the bona fide required premises for his personal use, and that, in any case, there was no justification for landlord to obtain two remaining shops for his personal use when one shop was ordered to be handed over to him by order passed by Rent Controller. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13 (3) (a)(if)--Civil Procedure Code (V of 1908), S. 100-­Ejectment--Second appeal--Bona fide personal need--Interference by High Court with concurrent findings of fact--Two Courts below omitting to consider record in its correct perspective nor applying relevant provisions of law--On facts proved on record, High Court fully competent in law to interfere with findings of two Courts below in exercise of its jurisdiction in second appeal--Order, held, unexceptionable--Plea that need of landlord would be satisfied by a part of rented premises, not having been raised earlier, not permitted to be raised for first time before Supreme Court--Appeal dismissed. Malik Rab Nawaz Noon, Advocate Supreme Court and Rana M.A. Qadri, Advocate Supreme Court (absent) for Appellant. Mirza Anwar Beg, Advocate Supreme Court and M.A. Siddiqui, Advocate-on-Record for Respondents. Date of hearing: 21st October, 1985. JUDGMENT ABDUL KADIR SHAIKH, J.--Facts leading to this appeal briefly stated are that Haji Allah Rakha deceased, who is represented by respondents herein, leased out property bearing No. 753/F/11-13 S-33 situated on Iqbal Street, Gujranwala consisting of three shops to petitioner by an agreement, dated 25-11-1963 on monthly rent of Rs.60. On 10-6-1969 Haji Allah Rakha filed an application for petitioners eviction on the ground that he required the demised premises for his personal use, and petitioner was also…

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