2001 SCMR 981 SUPREME-COURT

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HABIB BANK LIMITED VS ANIS AHMAD Constitution of Pakistan 1973--185 , ---Art. 185---Appeal to Supreme Court---New plea---Plea not Taken before High Court cannot be allowed to be raised before Supreme Court.----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Commercial premises---Leave to appeal was granted by Supreme Court to consider; whether ejectment application was competently filed; whether the issue of personal requirement for bona fide use, was not established; whether eviction of tenant from commercial tenement could be ordered on the ground of landlord requiring the same for residential purpose; whether landlords in their rent agreement gave up their right to seek eviction of tenant through Rent Controller, on any ground other than the ground of default in payment of rent and whether in deciding ejectment application, Rent Controller exercised his discretion legally and properly leaving no scope for interference by High Court.