MOOSA JUMANI vs VIITH ADDITIONAL DISTRICT JUDGE (MCAC), KARACHI SOUTH S

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MOOSA JUMANI VS VIITH ADDITIONAL DISTRICT JUDGE (MCAC), KARACHI SOUTH S. 15---Ejectment petition---Failure to pay rent and personal bona fide need of landlord--- Ejectment petition filed by respondent/landlord on grounds of default in payment of rent and personal bona fide need was allowed and Rent Controller directed the petitioner/tenant to vacate the property---Petitioner's appeal was dismissed by District Court---Petitioner contended that decisions of Courts below were against the oral/documentary evidence and record; that petitioner had been depositing the rent of rented shop since 1991; that respondent was not physically/mentally fit to perform business of gold ornaments; that out of total 3 shops on ground floor of the building, petitioner was tenant of shop situated in the center of shops and respondent was in possession of shop which was locked for over more than 12 years while respondent got the another shop vacated in another parallel proceeding from its tenant which was larger in size and having two corner-shutters same was of more attractive location for business of gold ornaments---Respondent contended that petitioner had failed to establish mala fide on part of landlord---Held, that petitioner admitted during his cross-examination that he had not paid the rent from May 1997 to December 1999 and further said that he had deposited the rent in Court---Petitioner failed to produce any receipt of rent or any other proof depicting the deposit of rent for said disputed period---Respondent averred that he was undertaking jewelry business in one shop which could not cater his business need being too small---Another Shop (subject matter of present case) was situated between two shops, therefore, one shop could not serve the purpose of extension/expansion of business---Respondent was quite consistent with his assertion of personal need which could not be rebutted---Revision petition was dismissed and petitioner was required to hand over physical possession of the said shop to respondent within 4 months.

MOOSA JUMANI vs VIITH ADDITIONAL DISTRICT JUDGE (MCAC), KARACHI SOUTH S — 2022 YLR 1493 KARACHI-HIGH-COURT-SINDH

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