2017 PLD 409 KARACHI-HIGH-COURT-SINDH

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BRIGHTLINK MOBILE PHONE AND ACCESSORIES VS MUHAMMAD QAMAR GHANI Ss. 15 & 2(g)---Succession Act (XXXIX of 1925), S. 305---Civil Procedure Code (V of 1908), O.XXII, R.4---Ejectment of tenant---Personal bona fide need of landlord---Death of landlord---Effect---Contention of tenant was that landlord had died and right to sue did not survive to the legal heirs of the landlord who were females only---eviction petition was dismissed by the Rent Controller but same was allowed by the Appellant Court---Validly---Sections 2(g) & 15(2)(vii) of Sindh Rented Premises Ordinance, 1979 had treated the landlord and his spouse or his son or daughter as 'one unit'---No requirement existed to breakdown the solidarity and integrity of the family unit and to consider the individual needs of the landlord's wife, sons or daughters---Tenant could be evicted for the requirement of landlord for bona fide use of himself and other members of his family---Right to sue did survive to the member of the family of deceased landlord---Members of landlord's family would take his/her place and they would be competent to continue the suit for eviction initiated by the landlord for his occupation and for occupation of surviving members of his family---Law did not discriminate a female family members from the male family members and vice versa---Right of enjoyment of tenanted property on the ground of bona fide use did not die with the death of landlord---Legal heirs could urge all the contentions which the deceased could have urged except only those which were personal to the deceased---Relief under Art. 199 of the Constitution was discretionary and unless impugned judgment had resulted in injustice or irreparable loss or injury there was no justification for interference---Constitutional petition was dismissed in circumstances.