2012 SCMR 1679 SUPREME-COURT

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FEROZUDDIN VS ADDITIONAL DISTRICT JUDGE, KARACHI EAST 1981 SCMR 1081, 2001 SCMR 1287, 2004 SCMR 1607, Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Personal bona fide need of landlord---Shop in question was required by the landlord for his son, who was residing abroad and was jobless---Landlord, who was an old person needing proper look after and care, decided to call back his jobless son and sought to put him in business in the shop in question---Sufficient funds for establishment of said business was available---Contentions of the tenant was that landlord had failed to prove personal bona fide need of his son, who was permanently residing abroad, and that landlord's son filed his affidavit in evidence before the Rent Controller, but subsequently request was made for withdrawal of the said affidavit---Validity---Landlord's son had filed his affidavit in evidence as attorney of the landlord and not in his personal capacity---First Appellate Court and High Court after elaborately discussing the evidence had rightly come to the conclusion that premises (shop) in question was required by the landlord for personal use of his son---Petition for leave to appeal was dismissed accordingly.