2018 MLD 485 PESHAWAR-HIGH-COURT

Full text

MALAK ABDULLAH KHAN VS MUHAMMAD RASOOL KHAN 2011 CLC 717, 2013 CLC 562, PLD 2007 SC 45, PLD 2009 SC 453, S. 13---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Scope---Landlord was duly cross-examined but no doubt or mala fide in the grounds so raised in the eviction petition were noticed---Genuineness of ground of personal need of landlord could not be doubted and he had discretion to select any of his property for his own business or for the business of his children---Question of personal use of demised premises had been established on record---Courts below had not given due consideration to the contentions of landlord---Bona fide requirement of demised premises by the landlord was doubted without any convincing reasons and sufficient grounds---Trial Court did not order to the tenant to deposit rent which was illegality when relationship of landlord and tenant had not been denied---Landlord had established the grounds of default and personal use of demised premises in a satisfactory manner---Impugned orders passed by the Courts below were set aside---Tenant was directed to vacate the suit premises within a period of two months---Second appeal was allowed according.