2018 MLD 298 KARACHI-HIGH-COURT-SINDH

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BAHADAR KHAN VS ABDUL KHALIQ Ss.2 & 15---Ejectment petition---Ground of personal bona fide need of landlord---Landlord being one of the legal heirs/co-sharers of original landowner---Entitlement of co-sharer alone to file ejectment petition---Scope---Tenant contended that ejectment petition was not maintainable as all legal heirs/co-sharers had not moved the Trial Court---Landlord contended that anyone of the co-sharers could move Trial Court after the demise of original owner (their father) and that they required demised property for personal need in wake of changed circumstances---Validity---Record revealed that the evidence led by the landlord was in-consistent with the ejectment application which could not be shaken in cross-examination by the tenant who had not produced any evidence in rebuttal rather made various admissions as mentioned in the eviction order, passed by the Rent Controller who after appreciating the evidence and considering the material aspects of the case had allowed the ejectment application---Section 2 of Sindh Rented Premises Ordinance,1979 stipulated the definition of "landlord" which meant the owner of the premises and included a person who was for the time being authorized or entitled to receive rent in respect of such premises---Application for ejectment filed by co-sharer could not be defeated on the ground that remaining co-sharers were not joined as applicants in the ejectment petition---Co-owner could file ejectment proceedings against a tenant without impleading other co-owners---Mother of applicant had also expired to whom the tenants were paying rent and after her death tenants had not paid rent to any of the legal heirs as per their own admission---Co-sharer could initiate ejectment proceedings against the tenants without joining the other co-sharers---No illegality or infirmity having been noticed in concurrent findings of the courts below, constitutional petition was dismissed accordingly.