2009 CLC 279 LAHORE-HIGH-COURT-LAHORE

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Mian MUHAMMAD LATEEF VS Mst. NASIMA WARSI 1972 SCMR 437, 1982 CLC 1737, 1990 SCMR 1070, 1994 CLC 84, 1995 SCMR 1125, 1998 SCMR 2119, 2002 CLC 1523, 2006 SCMR 152, 2006 YLR 2723, PLD 1977 SC 442, PLD 1995 Lah. 469, PLD 2001 Quetta 40, Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Proof--TERM , S. 17---Ejectment of tenant---Bona fide personal need of landlord---Proof---Non-disclosure of other properties owned by landlady---Effect---Rent Controller allowed ejectment application and passed eviction order on the ground of bona fide need of landlady---Plea raised by tenant was that the landlady did not require the premises for herself and she did not disclose in her application the other properties owned by her---Validity---Personal bona fide need of landlady and an affirmative statement coupled with test of cross-examination was sufficient for the purpose of discharging onus by landlady in such respect---Landlady had unequivocally stated that the property most suitable for need of her daughter to establish a clinic was the one which was occupied by tenant---Held, it was prerogative of landlady to choose property of her choice and she was the best judge of her needs, therefore, she would succeed on such principle---Tenant could not impose his will and desire on landlady and in such context heavy burden was upon tenant to disprove need of landlady---No convincing evidence was available on record produced by tenant to disprove need of landlady and witnesses produced by him were either interested in cause or not acquainted with landlady's need, therefore, such witnesses could not judge her choice---Non-disclosure of other properties owned by landlady in her petition was neither necessary nor required under S.17 of Cantonments Rent Restriction Act, 1963---High Court, in exercise of appellate jurisdiction, declined to interfere in eviction order passed by Rent Controller---Appeal was dismissed in circumstances.