2009 YLR 2224 LAHORE-HIGH-COURT-LAHORE

Full text

JAMAT ALI VS MUHAMMAD AFZAL 1990 SCMR 1070, 1991 MLD 1236, 1996 SCMR 1178, 2004 MLD 724, 2008 SCMR 398, Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15(6)-Second appeal---Concurrent findings of Courts below---Bona fide personal need of landlord---Proof---Ejectment order passed by Rent Controller against tenant was maintained by Lower Appellate Court---Plea raised by tenant was that landlords failed to prove that other shops owned by them in the vicinity were not suitable for their personal need--Validity-Both forums below after appraising, of evidence recorded findings of fact against tenant---Although landlords failed to disclose in their ejectment petition that they had other shops in the locality and that the same were not suitable for their personal requirement, yet one of the landlords while appearing as witness stated that he had other shops in the bazaar but-those were not at front, therefore, not suitable for their business---Failure on the part of landlords seeking ejectment of non-residential property to mention in their ejectment petition that they were not occupying similar commercial property in same area suitable for their needs, was not fatal---Disclosure of landlords in their eviction petition that they were occupying any other shop was not necessary and it was prerogative of landlords to select any shop for their business---High Court declined to interfere in concurrent findings of forums below---Second appeal was dismissed in circumstances.