2019 MLD 1625 KARACHI-HIGH-COURT-SINDH

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HAIDER ALI RAVJANI VS GULZAR FEROZ Ss. 17(6)(9) & 24---eviction of tenant---Wilful default in payment of monthly rent---Personal bona fide need---Scope---Appellant/landlord contended that Additional Rent Controller had wrongly dismissed his eviction application by holding that he (landlord) was very much confused to specify particular ground on which he wanted to evict the tenant/respondent from the demised premises---Respondent/tenant contended that the plea of the appellant for personal need of demised premises was inconsistent and self-contradictory---Validity---Record revealed that appellant/landlord extended different reasons at various stages of the case, however, all such reasons were directed to personal bona fide use---Mere technicalities could not infringe his right of personal use as all varied reasons given by the appellant were based on personal need---If the appellant would use the premises for personal need in one month time period, as provided in S. 17(6) of Cantonments Rent Restriction Act, 1963 possession could be reverted to the tenant---Landlord was the sole arbiter in the matter of personal need of his own premises---Appellant/landlord had made out a good case for eviction of the tenant---High Court set aside the impugned order passed by the Additional Rent Controller and directed the tenant to vacate the premises within three months---Appeal was allowed accordingly.