1990 SCMR 544 SUPREME-COURT

Full text

NISAR AHMAD KHAN VS NOOR MUHAMMAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13---Constitution of Pakistan (1973), Art.185(3)---Bona ride personal need of landlord---Demand for increase of rent per se could neither be a basis for finding of mala fides nor such like alleged mala (ides could be the basis for eviction, in every case---Tenant could not point out anything so as to demonstrate that demand of increased rent even if factually made would make the subsequent demand for eviction on ground of personal requirement, as otherwise than bona fide---Judgment of High Court notwithstanding so-called error that proper attention had not been paid to tenant's plea that landlord had at one time wanted to increase rent, therefore, it was a mala fide application for eviction, held, remained unexceptionable---Leave to appeal refused.