1985 SCMR 522 SUPREME-COURT

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RIAZUDDIN AHMAD VS MAHBOOB ILLAHI Good faith--TERM , --Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii)--Second eviction petition--Good faith--Landlord's failure in earlier eviction petition not to imply that he does not require a shop in good faith--Eviction application can be dismissed erroneously similarly it can be withdrawn or compromised on erroneous advice given by counsel--Mere fact that landlord was unsuccessful in earlier eviction application will not by itself react against his good faith in a later application--Courts could only go by somewhat unsatisfactory evidence on record and in view of that evidence it cannot be said that they had erred in law in holding that the petitioner's previous conduct reacted against his good faith within meaning of S.13(3)(a)(ii) of Ordinance