Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(3)(a)(i)(ii)---Constitution of Pakistan (1973), Art. 199---Personal bona fide need of landlord---Constitutional jurisdiction---Exercise of---Courts below after fully discussing entire evidence on record and thrashing out issue relating to personal bona fide need of landlord had concurrently found that premises was required by landlord for his personal use---Concurrent finding of fact of Courts below based on evidence on record, could not be interfered with by High Court in exercise of Constitutional jurisdiction, especially when no illegality warranting interference was pointed out. ORDER The petitioners M/s. Service Industries Limited are aggrieved against the orders dated 5-9-1990 and 11-2-1991 of the Rent Controller and learned Additional District Judge, Lahore by which ejectment order has been passed against them in respect of Shop No. S-XIX-R-44/1, Commercial Building, Sharah-e-Quaid-e-Azam, Lahore. 2. Respondents Nos. 1 and 2 being landlords filed an application for ejectment on the ground of personal use and also that the term of tenancy granted to the petitioner by the previous landlord for 15 years had already been expired. 3. Respondents got recorded their evidence of A.W.1 to A.W.4 while the petitioners produced R.W.1 and R.W.2 as witnesses before the, Rent Controller. On 12-3-1989 the following issues were framed:-- (1) Whether the petitioners require the shop in dispute in good faith for their bona fide personal use and occupation? OPA. (2) Relief. 4. By order dated 5-9-1990 of the learned Rent Controller the ejectment was ordered and the same was upheld in appeal by the learned Additional District Judge, Lahore vide order dated 11-2-1991. 5. The learned counsel for the petitioners urged only one point that the application for ejectment was not maintainable against the present petitioners as the rented premises are in the name of M/s. Service Industries Ltd., whereas ejectment application has been filed against M/s. Service Shoes (Pvt.) Limited. It is further conceded that the property in dispute is' the same and that this point has not been taken up in the written statement…

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