Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Law: Limitation Act, 1908

Section: 110

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 13 & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on grounds of default in payment of rent, subletting and personal bona fide need---Ejectment application was accepted by the Rent Controller, and Appellate Court maintained order of Rent Controller---Landlord had produced overwhelming evidence to prove the continuous default of tenant---Record also showed that tenant had sublet the shop in question without any permission from landlord---Contention of counsel for tenant that no bona fide personal need was proved by the landlord, was without any substance, as there was overwhelming evidence on record that the premises in question was required for the bona fide personal need of the landlord---Regarding the choice which the landlord exercised, if he had more shops, the choice was with the landlord to select best shop and he could not be restricted to the choice of the tenant---West Pakistan Urban Rent Restriction Ordinance, 1959 itself provided a guarantee. to the tenant that if the shop was vacated on the ground of bona fide personal need as same was rented out or was used for other purposes by the landlord, then the tenant was entitled to restoration of possession, which was sufficient security to the tenant---Impugned order of the two courts below were perfectly sound, based on correct appreciation of evidence brought on record, well-established principles of law and no jurisdictional error was pointed out by the counsel for tenant so as to call for interference by High Court in exercise of extraordinary constitutional jurisdiction under Art.199 of the Constitution---Petition was dismissed. Zafar Sharif v. Muhammad Shujah 2002 YLR 1355; Afaq-ur-Rahman v. Choudhry Afzal PLD 1968 SC 230 and Messrs Dada Ltd. v. Madersa Muzharul Uloom Association 1981 CLC 1101 ref. Anwarul Haq Khan for Petitioner. Respondent in Person. Date of hearing: 27th May, 2009. JUDGMENT MUHAMMAD ALAM KHAN, J.--- Zar Gul Khan petitioner has filed the instant Constitutional `petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for setting…

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