Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3) (a)(ii)(a)--Ejectment--Bona fide personal need--Landlord occupying rented shop adjacent to shop in dispute--Landlord had right to get his own shop vacated--High Court being justified in concluding from evidence and in agreement with District Judge that landlord required shop in dispute in good faith for extension of his business and for storing his goods--Concurrent findings of fact not open to interference--Leave to appeal refused. Abdul Salam Akhtar v. Najam Parvez 1976 SCMR 52 ref. JUDGMENT MUHAMMAD AKRAM, J.--This is a petition for special leave to appeal from the order, dated 17th of September, 1978. Zahoor Ahmad respondent applied for the ejectment of the petitioners herein from the shop in dispute situated in Shahi Bazar, Bahawalpur, under section 13 of the Urban Rent Restriction Ordinance on the main ground that he required the shop in good faith for his personal use. But the learned Rent Controller Bahawalpur dismissed his application on the 10th of July, 1976. The learned District Judge Bahawalpur accepted his appeal and ordered the ejectment of the petitioners on the 1st of November, 1976. This order was affirmed in second appeal of the petitioners rejected by a learned Judge of the Lahore High Court, Bahawalpur Circuit, Bahawalpur on the 17th of September, 1978. Hence this petition for special leave to appeal by the aggrieved petitioners. Briefly the admitted and proved facts are that the shop in dispute originally belonged to one Rao Muhammad Yusuf Khan and was occupied by the petitioners herein as his monthly tenants. The owner however, afterwards sold the shop in favour of Zahoor Ahmad respondent on the 22nd of January, 1974, where after the petitioners also attorney to him. In course of time the respondent applied for the ejectment of the petitioners from the shop on the main ground that he required the same in good faith for the purpose of his own business. It is common ground that the respondent is already running his business in the locality in the name and style of Popular Cycle Dealers in a shop adjacent to the one in…

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