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ZAHOORUL HASSAN versus RUQAYA BEGUM


Section 13 Personal Needs One of the witnesses who did not personally present the case remained in this case and the trial was decided in favor of the landlord and the appeal was affirmed, in the circumstances of the case we Interference with harmony results in unacceptable [witness]
1982 C L C 351

[Lahore]

Before Abdul Shakurul Salam, J

ZAHOORUL HASSAN‑Petitioner

versus

RUQAYA BEGUM AND OTHERS‑Respondents

Civil Revision No. 1856 of 1980, decided on 16th November, 1980.

West Pakistan Urban Rent Restriction Ordinance (VT of 19591)‑

‑‑ S. 13‑Personal need‑One of witnesses not deposing on point of personal need‑Matter having squarely been in issue and decided in favour of landlord by trial Court and confirmed on appeal‑Held, interference in concurrent findings not justified in circumstances of case.‑[Witness).

Shahid Hussain Kadri for Petitioner.

Date of hearing: 16th November, 1980.

ORDER

The respondents filed an ejectment petition against the petitioner on the grounds, inter alia, of personal need and reconstruction/renovation. The petition was accepted by the learned Rent Controller vide order dated 20‑11‑1979 and the petitioner‑tenant's appeal has been dismissed by the learned District Judge, Multan vide order dated 22‑10‑1980. The petitioner has filed this petition.

2. Learned counsel for the petitioner has contended that one of the witnesses relied upon for the finding that the shop in question was required for personal need, had not deposed on the point. The matter was taken up in appeal and the learned District Judge after hearing the parties has confirmed the finding that the respondents needed the shop for personal use and also for the purpose of reconstruction. The matter having squarely been in issue and decided in favour of the respondents by the learned trial Court and the finding having been confirmed on appeal by the learned District Judge, there is no justification to interfere in the concurrent findings. This petition is, therefore, dismissed in limine.

M. A. K. Petition dismissed.

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