1998 SCMR 547 SUPREME-COURT

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GHULAM RASOOL VS HALIMA BANKER Constitution of Pakistan 1973--185 , ----S. 15---Constion of Pakistan (1973), Art. 185(3)---eviction of tenant granted on grounds of bona fide personal requirement, material impairment of value/utility of premises was maintained by the High Court---Validity---Tenant s contention, that his ejectment could not be ordered on the ground of impairment of value or utility alone, unless he was also found to have committed acts of nuisance, was completely devoid of force, because each ground enumerated in S. 15(2), sub-cls. (i) to (vii) was independently available to landlord for seeking ejectment of his tenant---Findings on question of bona fide personal requirement and material impairment of value/utility of premises arrived at by Rent Controller and the High Court was not found to be open to exception---Landlady had fully succeeded in establishing her case regarding impairment of material value and utility of premises in question---Leave to appeal was refused in circumstances.