2002 CLC 1701 PESHAWAR-HIGH-COURT

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AZIZ UR REHMAN VS Syed MUHAMMAD HASNAIN Constitution of Pakistan 1973--199 , -----S.13(3)(a)---Constitution of Pakistan (1973), Art. 199--- Constitutional petition---Bona fide personal need of landlord for his son---Concurrent findings of fact by the Courts below- Ejectment application was filed by landlord on the ground that the shop in question was required by his son for business---Son of landlord was jobless and the shop was required for his personal need which assertion had not been rebutted---Rent Controller allowed the application and the eviction order was maintained by the Appellate Court---Validity---Statement of landlord regarding his bona fide use recorded on oath inspired confidence which could not be brushed aside if the same was found consistent with the application of ejectment which was not shaken or disproved in cross-examination---Question of personal requirement had been independently proved and issue regarding personal requirement was rightly decided in favour of landlord---No misreading or non-reading of evidence on the part of the Courts below had been shown---Concurrent findings of fact could not be upset in exercise of power under Art.199 of the Constitution---Constitutional, petition was dismissed in limine.