2021 PLD 237 KARACHI-HIGH-COURT-SINDH

Full text

MUHAMMAD AZAM KHAN VS Dr. IQBAL HAMEED S. 15---eviction of tenant---Personal bona fide need of landlord---Co-owner (landlord) in the rented premises, right of---Scope---Earlier proceedings, regarding demised shop, were initiated by the respondent's father who was dead, thereby making his legal heirs, including the respondent, as one of the co-owners/co-sharers---All said legal heirs had given no objection to the respondent---Legally every co-owner had a right, in the rent jurisdiction, to agitate the plea of personal bona fide need irrespective of fact that tenancy was created by other co-sharer---Every co-sharer had his/her own circumstances and would have a right to establish the plea of personal bona fide need in respect of such premises---High Court directed the petitioner/tenant to vacate the demised shop within six months, however, in case respondent would fail to establish his business within four months, rented shop would be returned to the petitioner---Constitutional petition was disposed of accordingly.