2005 CLC 852 LAHORE-HIGH-COURT-LAHORE

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Sh. ATTA MUHAMMAD VS ZAHID UMAR HAYAT 1980 SCMR 41, 1981 SCMR 1087, 1981 SCMR 924, 1996 MLD 797, 1997 SCMR 1819, 2003 YLR 3304, PLD 1992 SC 401, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--22 , ----Ss. 13 & 22---Ejectment sought for reconstruction of the property---Concurrent findings of fact by the Courts below---Resources of landlord for reconstruction---Ejectment application was allowed by Rent Controller on the ground of bona fide need of landlord for reconstruction---eviction order passed by Rent Controller was maintained by Appellate Court---Plea raised by the tenant was that the landlord did not have the resources to reconstruct, therefore, the need for the purpose was not bona fide---Validity---Landlord had successfully proved his bona fides for reconstruction, as he had made strenuous efforts and waited for a long time for the sanction of construction plan which he got by virtue of a decree of Civil Court---Efforts made by the landlord for such purpose were indicative of his bona fide and good faith and should dispel any doubt or apprehension about the same---Findings on vital issue were concurrent and there was no justification to interfere with such due and proper appraisal of evidence---No misreading and non-reading of any material piece of evidence was found which could impair the legality of the findings of the Courts below---Concurrent findings of the Courts below did not call for any interference by High Court in appeal under S.22 of West Pakistan Urban Rent Restriction Ordinance, 1959---Second appeal was dismissed.