2017 MLD 1555 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SHAFIQUE VS IST. ADDITIONAL DISTRICT JUDGE 1988 CLC 1343, 1988 CLC 1793, 1993 MLD 469, 2000 CLC 1708, 2000 SCMR 1613, 2008 CLC 87, 2015 YLR 308, Ejectment of tenant--Term , Personal bona fide need of landlord--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment of tenant---Personal bona fide need of landlord---Scope---Rent Controller accepted the eviction petition whereas Appellate Court dismissed the same---Validity---Requirement of property by landlord in good faith must be bona fide and not arbitrary or unbridled desire---Once Court was satisfied of the bona fides of need of landlord for the premises or additional premises by applying objective standards, the matter of choosing out of more than one premises available to the landlord was subjective choice---Tenant could not seek details of the business which the landlord wished to commence in the premises---Landlord was not bound to disclose the nature of business to be started in the demised premises to seek ejectment of tenant on the ground of personal bonafide need---Proof of having experience in the trade or business by the landlord was not necessary to prove bona fides of personal need of the premises---Impugned order passed by the Appellate Court was based on incorrect reading of facts which was set aside---Findings recorded by the Rent Controller were maintained---Constitutional petition was allowed in circumstances.