2012 CLC 1257 ISLAMABAD

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NADEEM ASGHAR VS Dr. Sheikh SIRAJ-UL-HAQUE 1991 CLC 53, 2005 MLD 1184, 2006 SCMR 145, 2006 SCMR 152, 2008 SCMR 398, 2010 SCMR 1925, 2010 SCMR 837, 2011 CLC 1606, 2011 SCMR 487, Bona fide personal need--Term , Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Proof--TERM , S. 17---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Bona fide personal need---Proof---Tenant, rights of---Ejectment application filed by landlord was allowed by Rent Controller and eviction order was maintained by Lower Appellate Court---Validity---If averments in ejectment application were not shaken or disproved in rebuttal during cross-examination, the same was sufficient to prove that need was bona fide and Courts did not question such need---Landlord had prerogative to get his premises vacated for his personal need and petitioner/landlord who was doctor intended to get his premises vacated for construction of hospital for his own and his daughter's use, who was also a doctor, therefore, landlord could not be deprived of his such right---If it would appear that tenant was ejected from rented premises or building, or premises was not being used for the purpose, it was got vacated in any manner, then tenant would be re-inducted in the premises on making an application to Rent Controller under section 17(6) of Islamabad Rent Restriction Ordinance, 2001---High Court in exercise of Constitutional jurisdiction declined to interfere in concurrent orders passed by two courts below---Petition was dismissed in circumstances.