2010 CLC 1557 LAHORE-HIGH-COURT-LAHORE

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KHURRAM SHUJA VS Mst. KISHWAR ZIA 1988 SCMR 197, 1999 SCMR 1060, 1999 YLR 610, 2000 SCMR 556, 2001 SCMR 577, 2007 CLC 1075, 2009 SCMR 54, Bona fide personal need of landlord--Term , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss.13 & 15---Ejectment of tenant---Bona fide personal need of landlord---Concurrent findings of fact by two Courts below---Substitution of findings---Jurisdiction of High Court---House owned by son of landlord---Ejectment of tenant was sought on the ground of bona fide personal need of landlord, as he was living in the house owned by his son---Rent Controller passed eviction order against tenant and the same was maintained by Lower Appellate Court---Validity---Landlord had only one house which was in the name of his son, therefore, the rented premises was required to landlord for his personal use as landlord had no other house to reside---Landlord proved that he required the house for his personal need---Landlord appeared as witness and produced one witness in support of his claim of bona fide need whereas tenant failed to shatter veracity of statement of landlord that he did not need the demised premises---Both the Courts below after properly appreciating evidence on record had concurrently decided against tenant and High Court had no jurisdiction to substitute its own findings in place of concurrent findings of the Courts below---Findings of Rent Controller and Lower Appellate Court were based on elaborate, careful and correct appraisal of evidence and did not suffer from any misreading---High Court in exercise of appellate jurisdiction, declined to interfere in concurrent findings of two Courts below and maintained eviction order passed against tenant---Second appeal was dismissed.