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Petitioner: MUHAMMAD YOUSAF JAMIL VS Respondent: Haji SHABBIR AHMAD And Another
Court Name: Supreme Court of Pakistan Judge(s): Saad Saood Jan, Syed Usman Ali Shah Title: MUHAMMAD YOUSAF JAMIL vs Haji SHABBIR AHMAD And Another Case No.:Civil Petition for Special Leave to Appeal No.822 of 1989 W.P. No.4329 of
1989 Date of Judgment:1989-09-17 Reported As: 1991 SCMR 1886 Result: Petition dismissed Judgment ORDER S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, dated 18-7-1989, whereby his writ petition was dismissed. The ejectment of the petitioner/tenant was sought by the respondents before the learned Rent Controller on the ground of default in payment of rent, subletting the shop in dispute and also on ground that the premises in question was required in good faith by the landlord for the use of his son. The case was decided by the learned Rent Controller only on the ground of bona fide requirement, in favour of the respondents. Appeal of the petitioner before the District Judge was dismissed and it was also ordered that the vacant possession of the shop in dispute be handed over to the respondents within two months vide order dated 21-5-1989. Subsequent writ petition filed by the petitioner challengingthe order of the District Judge was also dismissed in limine vide order dated 18-7-1989. We have heard the learned counsel for the petitioner and have gone through the findings of the Courts below. We have come to know that the bona fide requirement of the landlord in good faith for the use of his son of the disputed shop was concurrently held in favour of the respondents by the Courts below and the same being question of fact based on the proper appreciation of the evidence on record needs no interference by this Court. The petition, accordingly, is dismissed.