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2019 CLC 2008 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

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SOHAIL VS KAMRAN SIDDIQUI Ss.2(g) & 15(2)(vii)---eviction of tenant---Bona fide personal need of brother of landlord---Landlord sought eviction of tenant from his shop on plea of bona fide personal need by his brother---Rent Controller dismissed eviction application but same was allowed by Lower Appellate Court---Validity---Landlord was not entitled to claim demised premises for his brother as siblings did not fall within definition of 'personal use' contained in S.2(g) of Sindh Rented Premises Ordinance, 1979 or in ground of eviction in S.15(2)(vii) of Sindh Rented Premises Ordinance, 1979 and personal need of landlord was not in good faith or bona fide---High Court set aside order passed by Lower Appellate Court as it did not appreciate evidence on record particularly admissions made by landlord and his witness and restored that of Rent Controller---Constitutional Petition was allowed in circumstances.