2003 SCMR 1667 SUPREME-COURT

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MUHAMMAD ASLAM VS HANIF ABDULLAH & BROTHERS 1980 SCMR 593, 1995 SCMR 146, 2000 SCMR 542, PLD 1990 SC 394, 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---Landlord was jobless who was not carrying on any business and the shop in question was situated in market of confectionary---Rent Controller allowed ejectment petition and eviction order was passed but High Court set aside the order of eviction--¬Validity---Shop was situated in the market of. confectionary and was suitable for the business---Personal requirement of landlord had been proved to be in good faith and the requirement was not mala fide--¬Tenant .had failed to produce reliable and satisfactory evidence to rebut the evidence of landlord---Supreme Court converted petition for leave to appeal into appeal, set aside the judgment passed by High Court and tenant was evicted from the premises---Appeal was allowed.