2003 SCMR 1786 SUPREME-COURT

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Munir A. Sheikh, J Sh. MUHAMMAD HANIF VS FAHMIDA SULTANA Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlady ---Ejectment of tenant ordered by Rent Controller---Stay of execution of eviction order---Discretion exercised by Rent Controller---Scope---Landlady was 80 years old and wanted to open a tuition centre in the premises after its vacation---Premises was previously got vacated on the same ground from previous tenant and instead of opening tuition centre; the landlady again rented out the premises---Rent Controller dismissed the ejectment application but Appellate Court allowed the same---Stay of execution of eviction order was sought on the ground that bona fide personal need of landlady, who was more than 80 years, was not established ---Contention of the tenant was that the Rent Controller had rightly dismissed the ejectment application by exercising his discretion which was based on sound judicial principles and appraisal of evidence on record----Tenant further contended that the order of Rent Controller had been interfered with without meeting with the reasonings given by Rent Controller or finding that the discretion had not been exercised judicially or the same suffered from arbitrariness---Validity---Supreme Court stayed execution of ejectment order with a condition to pay monthly rent---Application was allowed.