Citation Name: 2025 MLD 1001 KARACHI-HIGH-COURT-SINDHBookmark this Case Dr. Hassan Fatima, Sindh Medical Centr

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Citation Name: 2025 MLD 1001 KARACHI-HIGH-COURT-SINDHBookmark this Case Dr. Hassan Fatima, Sindh Medical Centre VS Pakistan Red crescent society through Provincial Secretary Ss.15-a & 15(2)(vii)---Eviction of tenant---Personal bona fide need of land lord---Default in payment of rent---Landlord's testimony viz. bona fide need sufficient if unshaken in cross-examination---Landlord's testimony going unrebutted---Ejectment upheld---Protection to tenants---accountability mechanism in place to discourage the misuse of ejectment proceedings by landlord---Scope---Reletting of the same premises by landlord within one year attracts penalty ---The respondent No.1 (landlord) filed ejectment petition on the ground of default by petitioner (tenant) and personal bona fide need---Rent Controller allowed the ejectment application and appeal of the petitioner (tenant) was dismissed---against the concurrent findings of the courts below petitioner (tenant) filed the present constitutional petition---Held Once the landlord stepped into the witness box and the plea of personal need went unrebutted, the ejectment application must be allowed under S.15 of the Sindh Rented Premises Ordinance, 1979---It was evident from perusal of the cross-examination conducted on the respondent No.1 (landlord) that the plea of the landlord had not been shattered and no further cross-examination was conducted and only a suggestion regarding personal bona fide need was put to the witness and no other question in relation to the same was asked---For seeking eviction of a tenant from the rented premises the only requirement of law was to prove bona fide need by the landlord---However, where a landlord who obtained possession of a building from a tenant on account of his personal bona fide need and then re-let the building or premises to any person other than the previous tenant or utilized the premises for a use other than his personal use within one year of such possession then he would liable to be punished with fine not exceeding one year's rent of the building premises and the tenant who was evicted may apply to the Rent Controller for an order directing that he be restored possession ---This accountability mechanism provided under S.15-a of the Sindh Rented Premises Ordinance, 1979 was introduced to ensure that ejectment proceedings were not abused and due protection was given to the tenant in cases where landlord had misused the provisions of the Ordinance, 1979---The protection given by the said provision was also available to the petitioner, however, his case did not fall within the parameters of the same, hence, the Constitutional petition was dismissed, in circumstances.

Citation Name: 2025 MLD 1001 KARACHI-HIGH-COURT-SINDHBookmark this Case Dr. Hassan Fatima, Sindh Medical Centre vs Pakistan Red crescent society through Provincial Secretary Ss — 2025 MLD 1001 KARACHI-HIGH-COURT-SINDH

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