Law:

Section:

West Pakistan Urban Rent Restriction Ordinance M of 1959)------S.13---Constitution of Pakistan (1973), Arts. 185(3) & 199---Ejectment of tenant on ground of personal need---Finding of fact recorded by appellate authority not to be disturbed in Constitutional jurisdiction, particularly when the considerations which prevailed with Court in recording its conclusion could not be described either fanciful or arbitrary---Although landlady in her statement before Rent Controller had offered to accommodate the tenant in one of the shops she owned in other locality yet she had no satisfactory explanation to offer why after having obtained eviction order against another tenant on ground of personal need, she or her son failed to occupy the shop in question and had rented it out to another person---Evidence led by landlady to show that her shop in another locality was less profitable for running a particular business was not convincing---No flaw in the finding of Appellate forum having been found High Court was justified in not interfering with its order in Constitutional jurisdiction---Appeal dismissed. Shahzad Jahangir, Senior Advocate Supreme Court and Mahmood Akhtar Qureshi, Advocate-on-Record (absent) for Appellant. Respondents Nos.1 and 2 : Ex parte. ' JUDGMENT SAAD SAOOD JAN, J.---This appeal by special leave is from the judgment and order of the Lahore High Court whereby the Constitution petition of the appellant was dismissed in limine. 2. The appellant is owner of a shop in Muslim Bazar of Gujrat City.- In 1970-71 she rented it out to respondents Nos.3 and 4 after permitting them to raise a partition wall. On 12-1-1981, she filed two separate ejectment petitions against the said respondents under section 13, Urban Rent Restriction Ordinance before the local Rent Controller. In support of her petitions she took up the grounds of non-payment of rent, reconstruction and personal need. The petitions were resisted by the respondents who disputed that any of the grounds upon which their ejectment was being sought was available to her. After a proper trial, the learned Rent Controller upheld all the pleas advanced by the appellant and directed the ejectment of the…

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