2017 YLR 2115 KARACHI-HIGH-COURT-SINDH

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TELENOR PAKISTAN (PVT.) LTD. VS Mst. SURRAYYA KHATOON S. 15---Transfer of Property Act (IV of 1882), S. 107---Registration Act (XVI of 1908), Ss. 17(d) & 49---Ejectment of tenant--- Lease agreement--- Non-registration of lease agreement---Effect---Personal bona fide need of landlady---Scope---Lease for a fixed period revocable under a written notice by either party was not a lease in perpetuity---Any instrument or lease agreement for tenancy executed between landlord and tenant for a period exceeding one year was compulsory registerable---No document required to be registered would operate to create, declare, assign, limit or extinguish any right, title or interest in immovable property---Unregistered lease agreement was not a legal document and same would not create lease in perpetuity---Such unregistered deed was inadmissible in evidence---Lease agreement executed between the parties was not a registered document---Tenant could not agitate its right of tenancy for the period of 15 years on the basis of an unregistered rent lease deed---Tenant could not challenge the validity of power of attorney executed by the landlord in favour of his attorney to file rent application---Only landlady could controvert the authority of her attorney---Landlady had not challenged the authority of her attorney---Attorney of landlady had been permitted to do every lawful act which was essential in order to achieve the subject purpose---Every act done by the attorney would be deemed to have been done by the landlady---Sole testimony of landlady was sufficient to establish her personal bona fide need for demised premises---If statement of landlady on oath was consistent with the averments made in the ejectment petition then same would be sufficient for acceptance of eviction petition---Landlady had right to select and choose any of the specific premises for her personal bona fide requirement and no restriction or embargo could be imposed upon such requirement by the tenant---Landlady had succeeded to prove her personal bona fide requirement in good faith---No illegality, material infirmity or non-appreciation of evidence had been pointed out in the impugned order---Tenant was directed to vacate and handover peaceful possession of demised premises to the landlady within 90 days and in case of failure Executing Court should issue writ of possession directly with police aid without issuing notice to the tenant---Constitutional petition was dismissed in circumstances.