2017 YLRN 247 KARACHI-HIGH-COURT-SINDH

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M. ASHIQ ALI AND BROTHERS VS ASLAM PERVEZ S. 15---Constitution of Pakistan, Arts.199 & 23---Constitutional petition--- Ejectment of tenant---Personal bona fide need of landlord---Proof---Averments of eviction petition had been verified by the landlord in his affidavit-in-evidence---Demised premises was required for personal bona fide need of landlord---Statement of landlord on oath remained consistent with the averments of ejectment application---Sole statement of landlord was sufficient to establish his personal bona fide need of premises---Landlord had right to choose any specific premises owned by him out of several premises---No restriction could be imposed upon such requirement of landlord---Tenant could not be permitted to object such a right of the landlord---No unreasonable restriction could be placed on the exercise of right by landlord which would offend the fundamental rights guaranteed under Art. 23 of the Constitution---Landlord had succeeded to prove his bona fide requirement for personal use in good faith---No illegality or infirmity or non-appreciation of evidence had been pointed out in the concurrent findings recorded by the courts below---Tenant was directed to vacate the demised premises within 60 days and handover the peaceful possession to the landlord failing which Rent Controller should issue writ of possession with police aid without any notice to the tenant---Constitutional petition was accepted in circumstances.