2016 CLCN 49 PESHAWAR-HIGH-COURT

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Mian MUHAMMAD NAVEED VS AMAN ULLAH Ejectment petition--term , Khyber Pakhtunkhwa Urban Rent Restriction Ordinance 1959--13 , S. 13(4)---Ejectment petition---eviction of tenant on the ground of bona fide personal need of landlord---Prerogative of landlord having several shops to choose shop of his choice for his personal need---Scope---Rent Controller decreed the ejectment petition in favour of landlord---Appeal filed by tenant was accepted by Appellate Court as landlord had several shops and could use any other shop for his personal need---Validity---Landlord/owner had prerogative to choose any shop of his choice out of numerous shops owned by him, suitable for his personal need and in no eventuality this option could be subjected to the wish and whims of tenant---Order of appellate court was set aside and judgment and decree of trial court was restored---Constitutional petition was allowed.