1988 SCMR 261 SUPREME-COURT

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NATIONAL TRAVELS VS ABDUL QAYYUM Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Arts. 185(3) & 199--Ejectment proceedings on grounds of default in payment of rent and personal need of landlord--Rent Controller rejecting ejectment application but appellate authority reversing his findings and ordering eviction of tenant--Appellate authority found to have proceeded as if, Rent Controller had not found the tenant to be in default in payment of rent and failing to examine why and how far discretion exercised by the Controller was liable to interference in appeal--Case would have been good one for interference even in constitutional jurisdiction, had it been the only question involved in the case--Finding on ground of personal need found to have been correctly recorded--Periodic increases in rent might be against law but tenant could not utilize it as a ground if need of landlord was otherwise established--Landlord not having been shown to be gainfully employed in some other vacation, his need would be genuine and suitability of business which he want