2004 SCMR 1607 SUPREME-COURT

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MUHAMMAD IQBAL VS Syed SOHAIL WAJID GILLANI Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ----S. 17---Constitution of Pakistan (1973), Art. 185(3) --- Ejectment of tenant---Bona fide personal need of landlord---Proof---Failure to mention nature of business by landlord intended to be started in shop in question---Rent Controller dismissed the ejectment petition but appeal by the landlord was allowed by High Court and eviction order was passed against tenant---Plea raised by tenant was that the landlord had failed to disclose the business which he intended to start in the premises--Effect---Landlord was not bound to mention the nature of business in the statement as he keeping in his financial position margin, of profit and chances of success might select any suitable business after obtaining possession of premises---In absence of choice of business, the bona fide personal need of landlord was not affected---