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---Good faith of landlord---Determining factor of ejectment petition---Concealment of facts by landlord---Effect---Earlier ejectment petition filed by the landlord was dismissed on the same ground---Fresh ejectment petition was filed without disclosing the fact of dismissal of earlier petition---Validity---Petitioner on the same ground had filed the ejectment petition but the facts qua rejection of previous petition and then dismissal of appeal and Constitutional petition were not disclosed in the present ejectment petition---Not only the cause of action in favour of the landlord had diminished, rather his "good faith" also seriously impaired---Conduct of the landlord would be a determining factor for his good faith in demanding the eviction of tenant---Constitutional petition was dismissed.