2020 YLR 1967 KARACHI-HIGH-COURT-SINDH

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ANWAR AHMAD VS IQBAL AHMAD S. 17---eviction of tenant---Personal need of landlord--- Scope--- eviction petition was dismissed by Rent Controller on the grounds that the demised premises were commercial, (although not officially) therefore, landlord could not seek eviction of tenants to use the premises as his residence; that the ground floor of demised premises was not in habitable condition and that the building owned by wife of landlord could be used as residence---Validity---Registered lease deed showed that it was executed only for residential purposes---Landlord was fully justified in seeking restoration of the status of demised premises to residential---Landlord had pleaded personal need for himself as well as his family members for their residence, therefore, S.17(4)(b) of Cantonments Rent Restriction Act, 1963 did not apply as the demised premises was admittedly not commercial---Landlord could not have been deprived of his right merely because his spouse owned other properties---Tenants could not dislodge the evidence produced by landlord to prove that he was living in a rented premises---Landlord had succeeded in proving his case of personal need---Appeals were allowed, in circumstances.