2002 YLR 1940 PESHAWAR-HIGH-COURT

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MUHAMMAD IQBAL KHAN VS SARDAR BACHA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13(3)(a)(ii)---Bona fide personal need of landlord for his son ---Requisite qualification for business---Landlord required the shops for his son who intended to open a drug store--Objection raised by the tenant was that the son of landlord did not possess any diploma or certificate regarding medical technician course, therefore, the son was incompetent to start business of medicines hence his bona fide personal need was not proved--Validity---In order to start the medicines business, it was not the requirement of law that a person must possess a diploma or Medicines Technician Certificate, he could employ a person having requisite qualifications to obtain licence for running a drug store---Son of the landlord was B. Sc. and with such qualification, he could easily obtain licence for running medicines business---Not only the landlord but his son also made statement on oath that the shops were bona fide required for the business of the son---Statement of landlord and his son were consistent with the averments made in eviction petition and could not be shaken in cross-examination or disproved in rebuttal--- Bona fide need of landlord was proved in circumstances.