1997 CLC 1664 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AFZAL VS MUHAMMAD AKBAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15---Bona fide personal need of landlord---Shop in question was stated to be required in good faith for personal use of the landlord---Landlord during evidence stated that shop in question was required for bona fide use of his son who wanted to start his own business---Non-mentioning of such fact in ejectment application and non-appearance of son of landlord (for whom shop in question was required) by itself could not discredit evidence of landlord---Landlord's statement on oath itself was, sufficient to establish factum of personal requirement---Appellate forum below had illegally reversed order passed by Rent Controller on issue of bona fide requirement of premises---Cogent evidence was produced by landlord to justify order of eviction against tenant---Judgment of Appellate forum setting aside eviction of tenant was set aside, while that of Rent Controller ordering eviction of tenant was restored in circumstances.