2023 CLC 1770 PESHAWAR-HIGH-COURT

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MUHAMMAD RAMZAN VS Mian MUHAMMAD WAQAS S.13---eviction of the tenant---Personal bona fide need of the landlord---Scope and proof---Rent Tribunal dismissed the eviction application of the respondent/ landlord ,however, Appellate Court accepted the appeal and ordered eviction on the basis of personal bona fide need---Contention of the petitioners / tenants was that the suit-shops were actually not required by the landlord for his personal bona fide need, instead he had an inclination to re-let the shops to other persons which amounted to infringement of statutory safeguard to original tenants---Validity---Landlord could not seek eviction on whims and desire only and his need should be bona fide, but , at the same time, bona fide need should not be so absolute and compelling which if not fulfilled , the landlord would suffer misery or irreparable loss; the bona fide need of the landlord laid somewhere in between---It was the landlord who was the best judge to really assess such need and make his planning while applying eviction before the Court---If respondent/ landlord was of the opinion that the suit-shops would be required for the bona fide need of his own, or his children or grand-children in future, then his solitary statement was sufficient in said regard---It was to be left to the choice of the landlord to determine suitability of the premises although he might be owner of other premises as well---Landlord had complete option to choose from one of the several tenements occupied by tenant to avail the personal requirement and the said discretion was not assailable, exception being the rarest cases of bad faith---Proof of the bona fide need of the landlord stood discharged the moment he had , while appearing in the witness-box, made such statement on oath or in the form of an affidavit-in-evidence as prescribed by law , if the same remained un-shattered in cross-examination as well as un-rebutted in the evidence adduced by the opposing party ---No illegality or infirmity was found in the impugned judgment passed by the appellate Court directing eviction of the petitioners /tenants on the basis of personal bona fide need of the respondent / landlord--- Constitutional petition was dismissed, in circumstances .