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1991 SCMR 356

KHALID PERVAIZ vs AMIR AKHTAR BHATTI And Other

Citation1991 SCMR 356
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 821 of 1989
Date1989-09-23
Judge(s)Saad Saood Jan, Syed Usman Ali Shah
ResultPetition dismissed

ORDER

SAAD SAOOD JAN, J.---The petitioner is occupying a shop in Lahore Cantonment as a tenant under the respondent. On the application of the respondents under section 17, Cantonments Rent Restriction Act, the Additional Rent Controller directed him to vacate the shop. The petitioner filed an appeal before the High Court which was dismissed. He now seeks leave to appeal from this Court.

2. One of the pleas taken by the respondents in their application was that they needed the shop for their personal use. After considering; the evidence led by the parties the learned Additional Rent Controller found substance in this plea. His finding on this plea was affirmed by the High Court, The case of the petitioner is that the respondents were carrying on business in another shop and that the plea that they needed the shop in their possession for personal use was not bona fide but was intended merely to raise the rent.

3. After hearing the learned counsel for the petitioner we are not persuaded that the concurrent finding of the High Court and the learned Rent Controller suffers from any infirmity. The petition is dismissed.

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