1982 SCMR 834 SUPREME-COURT

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MUHAMMAD YOUNIS MALIK VS DISTRICT JUDGE, LAHORE Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , Eviction--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 read with Constitution of Pakistan (1973), Arts. 199 & 185(3)eviction-Requirement for personal use-Burden of proof-Accommodation becoming available to landlady during pendency of ejectment proceedings being suitable, adequate and capable of meeting her requirements-Not elicited from landlady during examination of witnesses-Such primarily a question of fact required to be established either by evidence or by uncontroverted pleadings-District Judge referring to choice of landlady and her preference in matter of selecting one out of many tenanted properties in background of pleadings of parties and not applying test of choice and suitability with reference to vacant possession-Such aspect of case not highlighted even in High Court-geld : No misdirection of law attracting exercise of constitutional jurisdiction by High Court took place, hence, leave to appeal refused.