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Writ Petition No. 458 of 1980/BWP, decided on 10th December, 1980.

S. 13(3) (ii)‑Personal use, plea of‑Petitioner failing to produce evidence in rebuttal before District Judge‑‑Grievance of petitioner being afterthought, held, cannot be allowed in writ.

Muhammad Abdullah Qureshi for Petitioner.

Mst. Fahmida Begum filed an ejectment petition before Rent Controller. Bahawalpur. She sought ejectment on various grounds including personal need in good faith for the use of her son Amjad Ali. The relevant issue for the purpose of the decision of this petition is issue No. 1‑G, which was framed as under :‑

"Whether the applicant required the shop in question in good faith for the use of her son

The learned Rent Controller came to the conclusion that Mst. Fahmida Begum required the disputed shop in good faith for the use of her son and he decided the issue in her favour. He accepted the ejectment petition and directed the tenant to hand over the possession of the disputed shop to the landlady within two months. The tenant named, Dr. Khawja Khalid Hamid filed an appeal which was accepted by the learned District Judge vide order dated 25‑9‑1980. During the hearing of the appeal, the appellant produced certified copy of the order of ejectment passed against Hafiz Rasool Bakhsh on the ejectment petition filed by Abdul Halim (husband of Mst. Fahmida Begum). Abdul Hakim had sought the ejectment of Haji Ghulam Rasool from shop No. 165, situated inside Farid Gate, Bahawalpur, as he required the disputed shop for the use of his son Amjad Ali. The learned District Judge came to the conclusion that the finding of the learned Rent Controller on issue No. 1 was not correct as the husband bad already got tenant ejected from another shop on the ground that be required the shop for his son Amjad Ali.

2. The grievance of the petitioner is that the petitioner was not given any opportunity to produce evidence is rebuttal. The petitioner had not informed the learned District Judge that she wanted to produce. evidence in rebuttal. Since she had not made any such request before the learned District Judge, the grievance of the petitioner is an after thought. It clearly stood proved that Abdul Halim husband of the petitioner got another shop vacated from Hafiz Rasool Bakhsh on the ground that he required the shop bona fide for the use of his son Amjad Ali. Now the petitioner could no seek the ejectment of Dr. Khawja Khalid Hamid on the ground that she required the disputed shop in good faith for the use of her son Amjad Ali. The issue was rightly disposed of by the learned District Judge. The writ petition is without any merits and is dismissed in limine.

M. Y. M. Petition dismissed.