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1997 SCMR 1789 SUPREME-COURT

Supreme Court · 1997

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ABDUL WAHID LEHRI VS ARBAB MIR NAWAZ Constitution of Pakistan 1973--185 , ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona tide personal need of landlord---Landlord's plea for ejectment of tenant was accepted by Rent Controller on ground of personal requirement of premises---Finding of Rent Controller was affirmed by High Court---Validity---Assertion of landlord on oath as to requirement of premises for his personal use has to be accepted as bona fide, if consistent with his averments in eviction application and not shaken in cross-examination or disproved in rebuttal---Tenant had, thus, not been able to make out case for grant of leave to appeal---Leave to appeal was refused in circumstances.