2023 MLD 522 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AKRAM VS JAMIA IMAMIA TRUST S. 15---eviction petition---Trust property---Management of the trust, relevance of--- Personal requirement--- Scope---Trust/landlord filed eviction application on the ground of default and personal requirement for the extension of Madarsa and for teachers to provide them some residential accommodation---eviction application was concurrently allowed on the ground of personal requirement---Contention of tenant was that Trust Deed had expired; that the trustees were not cited as witnesses and that the eviction application was filed by an unauthorized person---Validity---Held, it was immaterial for the tenant as to who were the trustees and how those trustees were being replaced---Such was indoor/internal management of the trustees and trust which had nothing to do with the relationship of landlord and tenant---Resolution in favour of the attorney to initiate legal proceedings was duly filed---Statement on oath of the landlord regarding personal requirement was not seriously shattered in the cross-examination except a suggestion that for the accommodation of teachers' residence flats at the premises could be more suited---Choice of a premises was prerogative of the landlord and this could not be left at the decision/option of the tenant as to which premises was more suited for the landlord---Constitutional petition was dismissed.