2011 PLD 30 ISLAMABAD

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JAVAID AHMED VS MUHAMMAD IMRAN MALIK 1995 SCMR 1125, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S.17---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant--- Statement of attorney---Choice of landlord---Scope---Landlord sought ejectment of tenant on the ground of bona fide personal need and default in payment of monthly rent---Rent Controller dismissed the ejectment application on the ground that neither bona fide personal need was proved nor tenant was defaulter---Lower Appellate Court allowed the appeal filed by landlord and passed eviction order---Plea raised by tenant was that landlord did not appear himself in witness box and he had another premises which he could use for himself---Validity---Landlord in order to prove personal bona fide need could get examined his attorney and there was no compulsion that he must have appeared in witness box---It was the prerogative of landlord to choose premises for his personal need and no direction in respect thereof could be given to landlord---Interference of High Court in extraordinary jurisdiction could only be made when glaring misreading or non-reading of any material floated on the file---Such fact was missing and petitioner failed to point out any misreading or non-reading of evidence or any irregularity committed by Lower Appellate Court---High Court declined to interfere in the judgment passed by Lower Appellate Court--- Petition was dismissed in circumstances.