2017 MLD 605 KARACHI-HIGH-COURT-SINDH

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NISAR AHMED SHEIKH VS VIITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DISTRICT SOUTH 1994 SCMR 355, 1995 MLD 1471, 2001 SCMR 338, 2001 SCMR 550, 2008 CLC 87, 2015 YLR 308, Ss. 15 & 2(g)---Ejectment of tenant---Personal bona fide need of landlord---Proof---Procedure---"Landlord"---Connotation---Contention of tenant was that landlord had not examined his son on whose behalf personal bona fide need had been claimed---eviction petition was allowed concurrently---Validity---Sections 2(g) and 15(2) (vii) of Sindh Rented Premises Ordinance, 1979 had treated the landlord and his spouse or his son or daughter as 'one unit'---Landlord was not bound to put his wife or children in the witness box for whom he needed the demised premises---Landlord for proving bona fide use of demised premises had to bring evidence on his necessity and desire---Landlord would be the best judge of his requirement and tenant could not dictate the terms to the landlord---Bona fide was a state of mind which could only be determined by examining the person who requested for such a use---Testimony of landlord could be assessed by the Court to determine bona fide and evidence of forthcoming occupier was not necessary---Non-examination of son by the landlord was neither necessary nor fatal to the eviction petition filed by the landlord on personal bona fide use in respect of his son---Constitutional petition was dismissed in circumstances.