2020 YLR 1741 KARACHI-HIGH-COURT-SINDH

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Mir AZIZ ULLAH KHAN VS MUHAMMAD SABIR S. 17---Constitution of Pakistan, Art. 10-A---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Sale agreement in favour of tenant---Suit for specific performance of contract filed on behalf of tenant--- Effect--- Fair trial---Requirements---Tenant refused to receive Court notice and he was proceeded ex-parte---eviction petition was accepted and tenant was directed to vacate the demised premises within sixty days---Validity---Tenant had to first vacate the premises in case order for his eviction had been passed by the Rent Controller even suit for specific performance with regard to demised premises was pending---Tenant would be entitled for repossession of the demised premises if said suit was decreed---No sufficient cause had been shown on behalf of tenant for not appearing before the Rent Controller---Tenant had not been condemned unheard---Tenant had committed wilful and deliberate default in payment of rent and in contesting the case on merit---Opportunity of hearing had been afforded to the tenant but he himself remained absent---Right of fair trial could be extended to those who surrendered before the Court of law with honesty---Tenant was directed to vacate the demised premises---Appeal was dismissed, in circumstances.