2014 CLC 1595 PESHAWAR-HIGH-COURT

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Malik SAMI ULLAH AZEEMI VS KHAYAM Constitutional petition--TERM , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art.199---Constitutional petition--Ejectment proceedings---Personal bona fide need of landlord---Reconstruction of suit premises---Scope---Non-approval of site plan for construction by the competent authority---Effect---Landlord had claimed ejectment of tenant on the ground of reconstruction of the building and bona fide personal need---Ejectment petition filed by landlord was dismissed by Rent Controller---Appeal filed by Landlord was also dismissed---Validity---Landlord had not placed an iota of evidence, demonstrating the dire personal need of the suit premises or sanction of the site plan for demolition and reconstruction of the property in dispute---In case of ejectment of the tenant, on the ground of reconstruction of building and bona fide personal need, it was obligatory on the landlord to obtain necessary sanction for reconstruction or erection, from the relevant authorities, at the time of filing the eviction petition or at least during its pendency, but in the present case, the landlord had failed to brought any supporting document providing his bona fide personal need---Constitutional petition was dismissed.