1991 SCMR 1527 SUPREME-COURT

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ABDUL RAZIQ VS MUBEENUL HAQ KHAN PLD 1982 SC 218, West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant--Rent Controller accepting landlords'plea of personal bona fide requirement, ordered ejectment of tenant---Tenants'appeal before High Court remained unsuccessful---Leave to appeal---Tenants main contention was that landlord having filed application prior to his shifting from Karachi to Quetta, such fact by itself proved that plea of personal use was not bona fide as there was no explanation as to how the need had arisen prior to his coming to Quetta ---Held. answer to question raised by tenant was available in Fazal Azam's case reported as PLD 1982 SC 218, whereby landlord who went abroad could not by itself be considered as showing lack of bona fides---Fact that how landlord felt the need prior to his coming to Quetta. to be considered as lack of bona fide need of premises, was immaterial because landlord seeking eviction of tenant, on ground of personal requirement, was not expected to sit idle for the intervening period, till his case was decided by Court wherein same was pending---Fact of landlord being away to any place in Pakistan or abroad in connection with a gainful occupation, his assertion of bona fide requirement on his part would not be affected on that account---No infirmity as to finding of fact recorded by High Court having been pointed out, petition was dismissed---Leave refused.