2014 PLD 35 PESHAWAR-HIGH-COURT

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MUHAMMAD NAZIR VS MUHAMMAD IQBAL 1980 SCMR 41, 1984 CLC 3011, 2001 YLR 1979, PLD 1961 SC 28, PLD 1981 SC 246, PLD 1983 SC 342, Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13---Constitution of Pakistan, Art.199---Constitutional petition---Bona fide personal need of landlord---Agreement of tenancy for specific period---eviction of tenant on the ground of personal need by landlord---Scope---Ejectment application filed by landlord was disposed of by Trial Court with a direction to tenant to vacate the suit shop within five years---Appellate Court maintained the judgment passed by Trial Court---Contention of the petitioner/tenant was that suit shop was given to him for specific period, therefore landlord could not claim vacation of the shop on the ground of personal need before completion of specified period---Validity---Tenancy was for a particular period, therefore the landlord could not evict the tenant before the expiry of specified period, except on the ground of damage to property, subletting, nuisance but certainly not on the ground of personal need---Findings of courts below in respect of handing over the suit shop within five years was not correct---Constitutional petition was allowed.