2015 YLR 2039 PESHAWAR-HIGH-COURT

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Haji AKBAR KHAN VS WAJID ZAHOOR 1990 SCMR 1070, 2000 SCMR 903, 2001 SCMR 1287, 2006 SCMR 152, 2010 YLR 874, 2012 SCMR 1679, Constitutional petition--TERM , Ejectment of tenant--Term , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Proof---Witness of landlord admitted that landlord was owner of several commercial plazas and markets and many were still vacant---Landlord's son for whom the shop was intended to be used admittedly had been managing a hospital---Landlord pleaded that on basis of statement on oath and his son that shop was required for bona fide personal need there had been no justification to deny vacant occupation to landlord---Effect---Proof of bona fide and good faith was sine qua non for an order of eviction by Rent Controller---Rent Controller and appellate court had arrived at the conclusion that necessary ingredients were missing and correctly declined eviction order---Constitutional petition was dismissed.