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1989 MLD 927 LAHORE-HIGH-COURT-LAHORE

Punjab · 1989

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ABDUR RASHID VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.13(3)(a)(u) & 15--Personal bona fide requirement--Proof--Landlord seeking ejectment of tenant from shop, clearly stated in his ejectment application that he required shop for business purposes--Appellate Authority rejected ejectment application stating in its order that eviction petition did not disclose ground of bona fide personal need of landlord--Appellate Authority misread statement made by one of witnesses of tenant, before Rent Controller and did not consider and follow law laid down by superior Courts--High Court declared order of Appellate Authority to be illegal and remanded case for fresh decision in accordance with law after giving parties opportunity of being heard.