1988 SCMR 798 SUPREME-COURT

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FAZAL KARIM & SONS VS FAYYAZ AKBAR Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ---S.17(2)(vi)--Constitution of Pakistan (1973), Art. 185(3)--Ejectment for reconstruction--Requirement of landlord has to be in good faith and bona fide--Ejectment on ground of reconstruction, challenged--Plea raised that question of reasonableness and good faith being relevant, High Court could not have directed eviction of petitioners without recording a finding in favour of landlord on the issue--Words "good faith" and or "reasonableness" not having been used in S.17(2)(vi) of Act (XI of 1963) and in findings of fact word "genuinely" having been used regarding bona fides of respondent's requirement, even if it was to be held that ingredients of reasonableness and good faith were to be read in the ground mentioned in S.17(2)(vi), findings by High Court in that behalf were against petitioners--No justification having been made out for interference, leave to appeal refused.