1995 SCMR 146 SUPREME-COURT

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ABID MASOOD VS DILSHAD KHAN Constitution of Pakistan 1973--185 , S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Quantum of proof ---Ejectment of tenant from shop in question, on account of requiring same in good faith for personal use of landlord's son---Landlords owned numerous shops in the building and during pendency of proceedings got vacated some shops which were let out to tenants---Landlords in post remand proceedings had opportunity to lead evidence to show that shops having fallen vacant during pendency of ejectment proceedings were not suitable for their use but they led no evidence in that behalf---Evidence produced by landlords was vague and fell short of proving their bona fide personal need for the shop in question---High Court was correct in maintaining order of Rent Controller rejecting landlord's eviction application---Leave to appeal was refused in circumstances.