2018 CLC 940 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AKRAM VS XTH ADDITIONAL DISTRICT AND SESSIONS JUDGE 1995 SCMR 1243, 1997 SCMR 1062, 1998 SCMR 2525, 1999 MLD 2989, 2004 SCMR 1640, 2010 SCMR 1925, PLD 1982 Quetta 49, PLD 2001 Karachi 238, PLD 2003 SC 277, S. 15---Ejecment application--- Appearance of landlady through attorney--- Scope--- Personal bona fide need of landlady---Scope---Petitioner/tenant contended that personal bonafide need of landlady could not be proved through attorney and she did not require the rented premises/shop for herself---Landlady contended that she needed rented premises for her son and Appellate Court had rightly passed eviction order---Validity---If landlady instead of examining for herself, examined her attorney in support of her case, it would not affect the case in any manner---Attorney, in the present case, was son of landlady who adduced confidence inspiring evidence which could not be shattered during cross-examination which was sufficient to prove the case of landlady regarding personal bonafide need---Even solitary statement of the landlady (or landlord through lawful attorney) would be sufficient to discharge the burden of proof, if such statement was consistent to the pleadings, steady and supported by the surrounding circumstances---If appearance through attorney was declined to a party who was residing abroad or incapacitated or pardanasheen same would cause great hardship to the party---Non-appearance of landlady, in the present case, was not fatal to her case---Attorney of landlady, who was her son, had categorically stated that he was working at some other shop and wanted to start his own business in the subject property/shop, therefore, findings of first appellate court was based on logical reason---High Court observed that evidence brought on record by the landlady could not be shattered in cross-examination so the same could not be challenged in constitutional jurisdiction---No illegality or infirmity having been noticed in the impugned judgments passed by Appellate Court, Constitutional petition was dismissed accordingly.