1997 MLD 2137 SUPREME-COURT-AZAD-KASHMIR

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ABDUL MAJEED VS DISTRICT JUDGE, MIRPUR Azad Jammu and Kashmir Interim Constitution Act 1974--44 , ----S.14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Bona fide personal need of landlord---Proof---Quantum of---Landlord and tenant were carrying on same business in same vicinity where building in question was situated; landlord, six months back sold his business and handed over possession of shop to owner thereof; landlord could have carried out any business in that very shop if he so wished---Landlord's failure to mention any business either in his application or in his statement would go against his bona fides---In absence of any agreement, assertion of landlord that tenant had agreed to vacate shop within one month did not appear to be supported by any evidence---Perusal of evidence brought on record did not prove landlords good faith in filing application for eviction of tenant---Bare statement of requirement for personal use by landlord was not sufficient for grant of application if same was rebutted by any evidence which proved that filing of application was mala fide