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Writ Petition No.297 of 1983, decided on 11th April, 1984.

‑‑‑Ss.13(3)(a)(ii)‑‑Provisional Constitution Order (1 of 1981), Art.9‑ Ejectment‑‑ Landlady requiring shop for use of her son‑‑Engagement of son in some other vocation during period of non‑vacation of shop not sufficient to conclude that shop was not required by landlady bona fide‑‑Appellate Court relying upon evidence led by landlady and concluding that shop required by her in good faith for personal need‑ Order of ejectment held, was not liable to interference in constitutional jurisdiction.

S.M. Abdul Wahab on behalf of Maqbool Elahi Malik for Petitioner.

Mian Sher Alam for Respondents.

Date of hearing: 11th April, 1984.

This writ petition is directed against order, dated 9‑12‑1982 of the learned District Judge, Gujrat whereby he allowed appeal filed by respondent No.2 and directed petitioner's ejectment from the shop in dispute.

2. The petitioner is tenant of Mst. Fazal Begum respondent No.2 in a shop situated in Jalalpur Jattan. She filed ejectment petition against the petitioner before the learned Rent Controller, Gujrat on several grounds including that of requirement for personal use. The learned Rent Controller after recording evidence of the parties, rejected the ejectment petition on 3‑2‑1982. Mat. Fazal Begum preferred appeal against the aforesaid order which was accepted by the learned District Judge Gujrat on 5‑12‑1982 and directed petitioner's ejectment from the disputed shop.

3. Aggrieved against the aforesaid order Sabir Hussain petitioner has filed this writ petition in this Court.

4. Learned counsel for the petitioner contended before me that the learned District Judge reversed the order of the learned Rent Controller erroneously. Respondent No.2 who sought ejectment of the petitioner could not establish that she required the shop in dispute in good faith for the use of Ahsanul Haq, her son. It was pointed out that Ahsanul Haq A.W.3, was employed in National Bank of Pakistan and he was unable to do business in the shop as he was engaged in employment with the aforesaid Bank. It was also contended that the petitioner owned no other shop to run his business.

5. Learned counsel for the contesting‑respondent, on the other hand, submitted that the evidence on the record has proved that the shop in question was needed in good faith for the use of Ahsanul Haq, the only earning member of the landlady's family He supported the impugned judgment passed by the learned District Judge, Gujrat.

6. The contentions raised by learned counsel for the parties have been considered with reference to evidence led by .the parties before the learned Rent Controller. It is in evidence that Mst. Fazal Begum applied for the eviction of the petitioner from the shop in dispute on the ground that the same was required for use of her son. On the day she filed ejectment petition Ahsanul Haq was not holding any job He had been selling some articles of 'Miniari' in from of the aforesaid shop. Karamat Ali R.W.3 although admitted that Ahsanul Haq was employed with National Bank of Pakistan yet stated that he was a temporary employee of the Bank and his services were terminable at any time. The only circumstances brought on record showing Ahsanul Haq to be an employee of the National Bank of Pakistan was not sufficient to' conclude that the shop in dispute was not required by respondent No.2 bona fide. During the period of non‑vacation of the shop in question Ahsanul Haq was to keep himself engaged in any other vocation to earn his livelihood., The learned District Judge relied upon the evidence led by Mst. Fazal Begum respondent in this behalf and concluded that the shop in dispute was required by her in good faith for her personal need. The Impugned order is not liable to interference in writ jurisdiction particularly for the reason that in case the shop got vacate by the respondent No.2 was not occupied by her son, the petitioner would be at liberty to secure restoration of possession.

7. In the result I find no merit in this petition and dismiss the same with costs.

M . Y . H . Petition dismissed.

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