2017 MLD 1215 KARACHI-HIGH-COURT-SINDH

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ALI AKBAR VS NOOR AHMED 1980 SCMR 29, 2007 SCMR 128, 2010 SCMR 1925, PLD 1973 SC 214, PLD 2001 SC 158, Ejectment of tenant--Term , Qanun-e-Shahadat Order 1984--115 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--5 , Ss. 15, 5 & 2(f)---Qanun-e-Shahadat (10 of 1984), Art. 115---Ejectment of tenant---Bona fide personal need of one of the landlords---Denial of relationship of landlord and tenant by the tenant---Scope---Contention of tenant was that landlord was not owner of the demised premises and was not competent to execute the rent agreement---eviction petition was accepted concurrently---Validity---Tenant entered into agreement with the landlord and was paying rent to him---"Landlord" would include a person receiving rent on his own account or on behalf of any other person---Landlord was entitled to file rent application as he satisfied the requirement of law---Article 115 of Qanun-e-Shahadat, 1984 did not permit the tenant to deny the title of landlord during continuance of tenancy---One of the landlords could file ejectment petition---Landlord had prerogative to choose the rented premises, for his personal use, if having more than one---No restriction could be enforced upon the landlord either by the tenant or the Rent Controller---No mis-reading or non-reading of evidence was pointed out in the impugned order passed by the courts below---Tenant was directed to vacate the demised premises within 90 days---Constitutional petition was dismissed in circumstances.