1984 PLD 68 PESHAWAR-HIGH-COURT

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MST. SHAH SULTAN VS CONTROLLER OF RENTS, PESHAWAR CANTONMENT Constitution of Pakistan 1973--199 , ---S. 13(2)(vi)-Constitution of Pakistan (1973), Art. 199-eviction on ground .of re-construction-Land lady appending an approved site plan to her eviction application for reconstruction of demised shop and nothing shown from evidence on record that it was just a contrivance on her part to dislodge tenants from shop-Reference to site plan making it clear that landlady intended to render shop in question as well as another shop behind it into a market consisting of shops and balakhanas and wanted to build area on modern lines to render it valuable and to fetch more financial benefit as property situated in a very busy commercial area and landlady having means to build property according to site plan---Bona fides of landlady, held, cannot be doubted in circumstances--Functionaries below having failed to attend to legal position obtaining in case in its proper perspective, their order dismissing ejectment application, held further, suffers from error of law and cannot be sustained.