2020 CLC 60 KARACHI-HIGH-COURT-SINDH

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SULTAN-UL-ULOOM, MIR USMAN ALI KHAN ACADEMY VS ANIS-UR-REHMAN S.15(3)----eviction petition---Grounds being reconstruction of premises and bona fide personal need of landlord---Right of tenant after reconstruction of building---Rent Controller ordered eviction---Appellate Court maintained order of eviction with directions to the landlord to demolish building within three months, erect the new building with shops on ground floor within one year and to hand over possession of new shops to the tenant---Validity---Held, that landlord was not obliged to construct new building according to the need, requirement or desire of tenant especially when possession of the demised premises was sought by the landlord also on ground of personal need with a specific purpose---Keeping in view the aims and objectives of the landlord and its purpose and requirement for constructing the new building, which were not disputed and findings in respect whereof had attained finality, it would be unjust to allow any kind of commercial business, activity or shop in the new building to be constructed for the sole purpose of promotion of education and other literary objects---Where the ground of reconstruction was coupled with the personal need of the landlord and the need was of such nature that the tenant could not be accommodated in newly constructed/erected building, the tenant would not be entitled to seek restoration of possession of the rented premises under subsections (3) and/or (4) of S.15 of the Ordinance----Right of the tenant to seek restoration of possession would come into play if the reconstructed building was of the same type or character and was suitable for the same use as was the old building---eviction order passed by Rent Controller was restored.