2021 YLR 740 KARACHI-HIGH-COURT-SINDH

Full text

BOARD OF INTERMEDIATE, EDUCATION, KARACHI VS HAFEEZ-UL-HAQ S. 15---Ejectment of tenant---High Court, jurisdiction of---Bona fide personal need of landlord---Choice of landlord---Board of Intermediate Education sought eviction of its tenant on bona fide personal need of demise shop---Rent Controller and Lower Appellate Court concurrently dismissed ejectment application and appeal filed by the Board---Validity---High Court could competently reverse findings of lower rent hierarchy if the same were found to be not in accordance with law---Availability of other shops / places could not be pressed by tenant to defeat landlord because the same was prejudicial to such preferential rights of landlord whereby landlord was to enjoy absolute prerogative to choose the best from available places---Petitioner was an institution which did not carry possibility of need of more space for adjusting students as well the staff---Premises was rented out to tenant only for purpose of running PCO (Public Call Office) but he by making breach thereof used the premises for purpose of Photostat machine, PCO as well as cold drink articles---Both the Courts below did not exercise their jurisdiction properly and fairly and High Court could undo such illegalities---High Court set aside concurrent orders passed by two Courts below and passed eviction order against tenant---Constitutional petition was allowed, in circumstances.