2004 PLD 62 PESHAWAR-HIGH-COURT

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MANZOOR ELAHI VS Mst. SURRAYA JABIN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Qanun-e-Shahadat Order 1984--117 , Qanun-e-Shahadat Order 1984--120 , ----Ss. 17 & 24---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120--Bona fide personal need of landlady---Onus to prove---Son of landlady appeared as her attorney before Rent Controller and fully substantiated her claim---Attorney was subjected to the test of lengthy and searching cross-examination to shatter his testimony but nothing favourable could be elicited from him---Other witnesses examined on behalf of the landlady had also supported her claim---Rent Controller allowed the ejecetment application and passed eviction order against tenant--Validity ---Qualitative evidence existed to establish that rented premises were required by the landlady in good faith. and her demand was genuine---Burden to prove her bona fides and good faith was upon the landlady and §he had discharged the same to the satisfaction of the Rent Controller---High Court in exercise of appellate jurisdiction declined to interfere with the eviction order passed by the Rent Controller.