2004 SCMR 115 SUPREME-COURT

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ABDUR REHMAN VS Syed TASADDUQ HUSSAIN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Proof---Failure to prove other pleas raised by landlord---Contention of tenant was that the statement of landlord recorded on oath did not command respect and the plea of the personal need set up by him was not bona fide as he had singularly failed to prove the remaining two grounds, namely, default in payment of rent and subletting urged by him on oath---Validity---Failure of the landlord to establish ground of default and subletting could have no bearing on the established ground of personal need which by itself was sufficient to sustain eviction---Supreme Court declined to interfere with the eviction order passed by High Court against the tenant---Leave to appeal was refused.