2005 PLD 205 KARACHI-HIGH-COURT-SINDH

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MAZHARUDDIN VS HUSSAIN BAKHSH Constitution of Pakistan 1973--199 , ----S. 15---Constitution of Pakistan (1973), Art.199---Bona fide personal need of landlord---Ejectment---Constitutional, jurisdiction of High Court-¬-Scope---Concurrent findings of fact by the Courts below---Misreading and non-reading of evidence---Rent Controller dismissed ejectment application of landlord filed on the ground of bona fide personal need--¬Order passed by the Rent Controller was maintained by Appellate Court---Plea raised by the landlord was that the premises was required by him for his personal need---Validity---Though there were concurrent orders of two Courts below against the landlord but both the orders were based on complete misreading and non-reading of evidence in disregard of established law having application to the case---Court below, in not considering the record of the case in its true perspective, had failed to exercise jurisdiction of doing justice between the parties in accordance with law---Both the Courts below had ignored the material and admitted evidence and law which was necessary to be considered in deciding the controversy raised in the matter---High Court in exercise of its Constitutional jurisdiction had to foster the administration of justice by turning down the decisions which were manifestly, arbitrary, capricious and based on non-considering of established law---Courts below had not done justice between the parties by their orders as the landlord had established on record that the tenant had defaulted in payment of rent and also that the premises was required by him for his own use---Orders of both the Courts were without lawful authority and of no legal effect and were set aside--- Ejectment application filed by the landlord was .allowed and eviction order was passed against the tenant.