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Second Appeal No. 243 of 1973, decided on 2nd December, 1980.
‑‑ S. 13(2)(vi)‑Requirement for reconstruction‑Bona fides and good faith‑Landlord seeking eviction for reconstruction‑Landlord stating shop to be Katcha, in dangerous condition requiring reconstruction and also producing approved plan of Municipality‑Bona fides and good faith held to be presumed for purpose of S. 13(2)(vi).
Amir Din‑Allah Ditta v. Adamji Abdullah 1969 S C M R 131; Hasan Ali v. Ahmad Khan P L D 1960 Kar. 23 ; Maula Dad v. Sardar Khan P L D 1972 Quetta 39 and Hamidullah v. State 1980 S C M R 206 ref.
Zakaria Bros, Karachi v. Hushwani Sales and Services Ltd., Karachi P L D 1978 Kar. 581 ref.
‑‑ S. 13(2)(vi)‑Reconstruction‑Funds and resources for‑Landlord not mentioning either in application or his deposition about availability of means and resources for reconstruction‑Held, question of availability of funds and resources in modern times has no bearing and effect on bona fides and good faith of landlord‑Held further, such condition also not laid down in S. 13(2)(vi).
Maroof All Khan for Petitioner.
Abdul Matin Khan for Respondent.
Date of hearing: 2nd December 198
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