MEHMOOD BROTHERS vs YOUSUF ALI S — 2025 CLC 1054 KARACHI-HIGH-COURT-SINDH

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MEHMOOD BROTHERS VS YOUSUF ALI S. 15---Constitution of Pakistan, Art. 199---Limited scope of constitutional jurisdiction in rent matters---Ejectment application based on bona fide personal need of landlord / landlady---Eviction ordered by Rent Controller---Scope---Requirement for eviction under personal use---Establishing landlord's need is genuine and in good faith---Unshaken and consistent testimony of landlord sufficient to prove bona fide need---Payment of goodwill ("Pagri") not recognized as a defense under Sindh Rented Premises Ordinance, 1979---The petitioner (tenant) filed a constitutional petition under Art. 199 of the Constitution of Pakistan, 1973, challenging concurrent findings of two courts which ordered eviction on the ground of personal bona fide need---Respondent No. 1 (land lady) filed ejectment application under S. 15(2)(vii) of the Sindh Rented Premises Ordinance, 1979 for eviction of the petitioner from shop No. 1 claiming personal bona fide need for the use of her son---The petitioner claimed the eviction was based on mala fide intention and lacked genuine bona fide need---The key legal issue was whether Respondent No. 1 (land lady) required the premises for the bona fide personal use of her son---The Rent Controller allowed the eviction directing the petitioner to vacate the premises within 60 day---Petitioner filed appeal which was dismissed and aggrieved by the concurrent judgments, filed the present constitutional petition---Held: Section 15 of the Ordinance, 1979 empowered a landlord / landlady to seek eviction of tenant on the grounds mentioned therein including the ground of personal bona fide need for his / her own occupation or use or for the occupation or use of his spouse or any of his children---The only requirement in this provision for landlord / landlady was to show that he / she required the premises in good faith---The respondent No. 3 (land lady) in her rent application had specifically stated that the demised premises was required by her for the use and occupation of her son who also stepped in witness box and deposed in the same line as stated and deposed by his mother---If the statement of landlord / landlady came on oath and remained consistent with application for ejectment and was not shaken in cross-examination, it was sufficient to prove that requirement of landlord / landlady was bona fide---As to the contention that during subsistence of tenancy, the petitioner had paid huge amount towards goodwill ("Pagri") in respect of the rented shop, the term goodwill ("Pagri") was not recognized by Sindh Rented Premises Ordinance, 1979, however, the superior Courts had equalized it with term "Pagri"---The plea of a tenant that he paid goodwill ("Pagri") for premises, in no manner could succeed as a ground of defence when eviction of tenant was being sought by the landlord, however, if for the sake of arguments it was presumed that goodwill ("Pagri") amount was paid in respect of demised shop, even then it would not have debarred the respondent No. 1 from seeking eviction of the petitioner on the ground of personal bona fide need or any other ground as defined in Sec. 15 of the Ordinance---Under constitutional jurisdiction, the High Court avoided giving contrary findings until and unless the same were proved to be perverse and contrary to record---Besides, the powers of the High Court in rent matters under its constitutional jurisdiction were limited and confined only to ascertain whether the Courts below had flouted the statute or failed to follow the law relating thereto---In the case in hand, neither there was any jurisdictional error nor any perversity, illegality and infirmity in the order / judgment impugned---Constitutional petition was dismissed, in circumstances.

MEHMOOD BROTHERS vs YOUSUF ALI S — 2025 CLC 1054 KARACHI-HIGH-COURT-SINDH

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