MUHAMMAD SAMI alias SHABRATI vs MODEL CIVIL APPELLATE COURT S — 2023 CLC 1906 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SAMI alias SHABRATI VS MODEL CIVIL APPELLATE COURT S.15---Eviction of tenant---Willful default in payment of rent---Bona fide personal need---Relationship of landlord and tenant, denial of---Goodwill/Pagri---Scope---It was second round of litigation after being remanded, when the concurrent findings were passed against the tenant---Contention of the petitioner/tenant was that the demised premises (shops) were obtained on goodwill/Pagri, which was paid by him to the original owner (father of the respondents), hence a right had been created---Validity---Record revealed that in the first round of litigation no plea of goodwill/Pagri was taken by the petitioner before Rent Controller or Appellate Tribunal and such ground was taken after remand of the case---If it was presumed in the present case that the Goodwill amount was paid in respect of demised premises, even then it would not debar the respondent / landlord to seek eviction of the petitioner on the ground of personal bona fide need---Petitioner / tenant, during the cross-examination, had admitted that he had not paid rent since July, 2013 , and that no money order was ever transmitted to any respondent (legal-heir of the original owner) which was refused---Thus, default in payment of monthly rent stood proved---Two respondents (sons of the original owner) not only filed affidavits but appeared in the witness-box stating that, being unemployed, the demised premises were required by to them for starting their business ; and their evidence remained unshaken and could not be shattered during cross-examination---No documentary proof had been brought on record by the petitioner / tenant to establish that their (respondents') demand was not in good faith---Statement of landlord on oath being consistent with pleadings and not shaken in cross-examination, was sufficient to prove that requirement of landlord was bonafide---No illegality or infirmity was noticed in the impugned judgments and orders passed by both the Courts below---Constitutional petition was dismissed, in circumstances.

MUHAMMAD SAMI alias SHABRATI vs MODEL CIVIL APPELLATE COURT S — 2023 CLC 1906 KARACHI-HIGH-COURT-SINDH

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