2017 MLD 1137 KARACHI-HIGH-COURT-SINDH

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Mrs. KATHLEEN M. AFZAL VS MOIZ SABUWALLA Bona fide personal need of landlord--Term , Default in payment of rent--Term , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--2 , Ss. 15, 16 & 2(g)---Ejectment of tenant---Tentative rent order---Default in payment of rent---Bona fide personal need of landlord---Scope---Tenant was directed to deposit arrears of rent and future monthly rent on or before 10th of each English Calendar month but she failed---Rent Controller struck off defence of tenant and she was directed to vacate the tenement---Validity---If a case was filed on the sole ground of default and the tenant on the first day of hearing had admitted his liability to pay the entire dues, Rent Controller on being satisfied that tenant had not defaulted on any previous occasion and default did not exceed six months would direct the tenant to pay all the rent on or before the date fixed and upon such payment he should reject the ejectment application---Where in addition to alleged default of six months if some or any other grounds had been raised by the landlord, eviction petition on payment of arrears of rent claimed on the first date of hearing would not be liable to be rejected---Default in payment of rent was not the sole ground for seeking eviction in the present case---Landlord had also pleaded his personal need as one of the ground for seeking eviction of the tenant from the demised premises---Tenant's making good of the entire default on the first date of hearing was of no consequence insofar as landlord's right to continue with his case on the ground of personal need---Rent Controller could not reject the eviction petition on the basis of payment of arrears of rent in the present case---Law did not restrict the term 'personal need' to the wife and children only and same would include the family and/or children of siblings who would become dependent on the landlord---Tenant had committed default in payment of rent and he was defiance of tentative order---No illegality was pointed out in the impugned judgments and orders passed by the courts below---Constitutional petition was dismissed in circumstances.