2009 SCMR 45 SUPREME-COURT

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Syed ABDUL GHAFOOR SHAH VS Syed LUQMAN Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Default and bona fide personal need of landlord---Description of property---Concurrent findings of fact by the Courts below---Ejectment of tenant from shop in question was sought on the ground of default in payment of monthly rent and bona fide personal need of landlord---Tenant denied relationship of landlord and tenant on the ground that shop in possession of tenant had different municipal number from the one mentioned by landlord in ejectment application---Rent Controller passed eviction order which was maintained by High Court---Validity---Tenant could not take advantage of the position and frustrate eviction proceedings on the pretext that there was discrepancy regarding municipal number of shop in question---Property in question clearly was the same property which was let to him on rent by co-owner of the property particularly when none else had claimed ownership/proprietary rights over the same---There being concurrent findings of both the courts below, Supreme Court did not see any ground to interfere with judgment--Leave to appeal was refused.