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FAZAL KARIM & SONS versus FAYYAZ AKBAR


Section 17 (2) (vi) Constitution of Pakistan (1973), Article 185 (3) requires the landlord to rebuild with good faith and confidence; on the basis of reconstruction, it was challenged that rationality and good faith. As the matter was raised, the High Court could not have directed the eviction of the applicants without recording a finding in favor of the landlord on the matter. Words with good faith and reasonableness were not used in section 17 (2) (vi) of the Act (XI of 1963), and the word realistic about the requirements of respondents has to be used, even That even if it should be assumed that the grounds of rationality and good faith in the grounds mentioned in section 17 (2) (vi) should be read, the court was against the applicant on its behalf. Refuse to appeal, as there is no justification for interference

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