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1987 SCMR 104 Present: Muhammad Afza1 Zullah and Mian Burhanuddin Khan, JJ Ch. FAYYAZ AKBAR--Petitioner Vs Messrs DELITE HOUSE LIMITED-Respondent Civil Petition for Leave to Appeal 26-R of 1986, decided on 2nd November, 1986. (On appeal from the and order of the Lahore High Court, Rawalpindi Bench, dated 24-11-1985 passed in F.A.0. No.17 of 1985). Constitution of Pakistan (1973)-- ---Art. 185(3)--Cantonments Rent Restriction Act (XI of 1963), Ss.17(2), (4), (6), & 23--Interpretation of S. 23 of Act 1963--Ejectment--Personal need of landlord--Bona fide of--High Court reversing findings of Rent Controller--Bar to proceedings--Leave to appeal granted to consider whether shop in dispute was required by landlord bona fide and in good faith and whether he was ready to surrender his licence to practice as an Advocate, and was really keen to start business in shop in question, and if so, whether he was entitled to relief sought before Rent Controller and High Court had not given due consideration to bona fide requirement of landlord and there had been incorrect interpretation of S. 23 of Act (XI of 1963). Petitioner in person. Ch. Hameeduddin, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondent. Date of hearing: 2nd November, 1986. ORDER MIAN BURHANUDDIN KHAN, J.--By this petition leave is sought to appeal against the and order of a learned Single Judge of the Lahore High Court, Rawalpindi Bench dated 24-11-1985 passed in F.A.0. No. 17 of 1985 on the grounds that the orders of the Rent Controller dated 29-10-1983 and of the Additional District Judge dated 11-2-1984 in the previous proceedings are not a bar for the present proceedings because the said orders are illegal being based on factums probantie. The bar on the basis of a finding on a factum probanda operates as res judicate. The principle of allegata et probete applies only to factum probanda and, it is not necessary to allege evidential effects in the pleadings; whether the statement of the petitioner/ landlord read with section 17, subsection (6) of the Cantonment Rent Restriction Act, 1963 is not sufficient to prove the bona fide, good faith and personal need of the…

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