2020 MLD 7 KARACHI-HIGH-COURT-SINDH

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ABDUL HAFEEZ VS MOHAMMAD YOUSUF S. 15---Constitution of Pakistan, Art. 23---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Proof---Rent Controller passed order for eviction of tenant on the ground of bona fide personal need of landlord but Appellate Court set aside the said order---Validity---Landlord had right to acquire and deal with the property in the manner best suited to him---Tenant had no right to disentitle the landlord of his right to acquire, deal and possess his property which right was otherwise guaranteed by Art. 23 of the Constitution---Landlord in eviction matters was only required to establish that his requirement was reasonable and same did not appear to be mala fide one---Initial burden in such eventuality would stand discharged when landlord having stepped into witness box reiterated on oath the reasonableness for such occupation---Such deposition of landlord would carry presumption of truth and strong evidence would be required to rebut the same---Landlord was only required to establish reasonableness of his need of demised premises for his and his family occupation---Landlord had reiterated the pleaded circumstances on oath which were not rebutted by the tenant---Findings recorded by the Appellate Court were not sustainable, in circumstances---Impugned order passed by the Appellate Court was set aside and that of Rent Controller was restored---Constitutional petition was allowed, in circumstances.