Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13---Constitution of Pakistan (1973), Art.185(3)---Personal bona fide need of landlord---Courts below including High Court, dismissed landlord's plea for ejectment on ground of personal need---Leave to appeal was granted to examine that when landlord appeared as his own witness to give evidence he was not cross-examined as to whether he had been employed or settled in a foreign country or had come on a month's leave from there and was again proceeding to foreign country, and as such his need for the premises was not bona fide; and also to consider the point that where even if a shop was let out by the landlord, the same did not bar a landlord's petition for seeking possession of another. Pervaiz Akhtar v. Dr. Muhammad Ahsan and others P L D 1988 SC 734 and Sardar Khan v. Riaz Ahmad and others 1986 S C M R 1981 ref. ORDER RUSTAM S. SIDHWA, J.----Qazi Muhammad Naeem and others petitioners seek leave to appeal against the judgment of the Peshawar High Court, Peshawar, dated 20-1-1988 passed in FA.O. No.24 of 1985. 2. The petitioners filed an application under section 17 of the Cantonments Rent Restriction Act, 1963, against Muhammad Amin, respondent, for his ejectment from Shop No.5 situate at 29, The Mall, Peshawar Cantt. The petitioners sought ejectment on the ground that the respondent had not paid rent from October, 1976, onwards, that the respondent had made some construction in the shop without the consent or permission of the petitioners, which had materially impaired the value and utility of the shop, that the shop was required by Qazi Muhammad Arif, petitioner No.4, one of the landlords, for his personal use for running his own business and that the petitioners were not occupying any other property. The said allegations were controverted by the respondent. The Rent Controller found that the petitioners did not require the disputed shop in good faith for their personal use and that the respondent was not a defaulter. The petitioners thereupon preferred an appeal before the Peshawar High Court, where the only issue which was argued was that regarding personal need. The learned Judge who…

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