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2000 CLC 2010 LAHORE-HIGH-COURT-LAHORE

Punjab · 2000

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MUHAMMAD ASIF VS INAYAT BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(3)(4)---Bona fide personal need of landlord---Landlord for seeking ejectment of tenant on ground of personal bona fide need, had to appear and make statement as to his personal need and if his statement was not contradicted or shaken in cross-examination the question for personal use had to be read in context with S.13(4) of West Pakistan Urban Rent Restriction Ordinance, 1959 which had provided adequate check against mala fide eviction---Landlady appeared in witness-boa and deposed that property was required by her for personal use and her statement having not been shaken in cross-examination, same had to be given paramount importance---Tenant having failed to produce any evidence worthy of credence, Rent .Controller had rightly concluded that, plea of personal use of landlady had been established beyond doubt---Even otherwise, statement of landlady had to be given primary consideration.