2016 YLR 293 PESHAWAR-HIGH-COURT

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NAWAB ALI VS Dr. UMAIR IKRAM 2002 CLC 1391, Application for ejectment of tenant--Term , Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , S. 17---Application for ejectment of tenant---Bona fide personal need of landlord---Scope---Contention of tenant was that landlady did not appear in person before the Rent Controller and attorney was not authorized to file ejectment petition---eviction petition was accepted by the Rent Controller---Validity---Landlord might apply to the Rent Controller for an order directing the tenant to put him in possession of the rented building if he required it in good faith for his own occupation or for the occupation of any member of his family---Landlady had competently filed the ejectment petition being owner of suit shop---Landlady had sued the tenant through her attorney---No restriction existed that landlord must appear in person to prove his plea of personal bona fide use---Appearance through attorney was as good as that of the principal---Requiring the suit shop by the landlord for his own personal need was to be considered and taken as requirement of the owner---Respondent was real son of the owner of the suit shop and had a legitimate and lawful interest in the premises---Landlady had proved through cogent, convincing and confidence inspiring evidence that premises was required to her for her personal bona fide use---Rent Controller had properly appreciated and analyzed the case evidence in its true perspective---No illegality or irregularity had been committed by the Rent Controller while allowing the eviction petition---Appeal was dismissed in circum-stances.