2018 YLR 1664 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD TAQI KHAN VS DARULULOOM QADRIA RIZVIA TRUST S. 15---eviction petition---Wilful default by tenant---Personal bona fide need of landlord---Tenant contended that amount paid as Pugri was not considered by the Rent Controller---Validity---Evidence of the landlord was consistent on the point of default and personal bona fide need and tenant could not show that the act of landlord was tainted with malice---Tenant, in his cross-examination had admitted the default---Nothing had been brought in evidence in respect of alleged amount of Pugri, as neither any receipt had been produced nor any witness had been examined and landlord had denied the same in his cross-examination---Findings of facts had been recorded by two courts below which were based on appreciation of evidence---Constitutional petition was not an appeal from a subordinate court nor could embark upon reappraisal of evidence---High Court under Art. 199 of the Constitution had only to see jurisdictional defect or illegality floating on the record---No interference in the extra ordinary constitutional jurisdiction was warranted in circumstances---No illegality or infirmity having been noticed, tenant was directed to vacate the subject shop and hand over its vacant possession to the landlord within 60 days from the date of judgment---Constitutional petition was dismissed.