2017 YLRN 139 KARACHI-HIGH-COURT-SINDH

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SHAH SAJJAD RAZA ABBASI VS MUHAMMAD ASIF MUFTI S. 16---eviction petition---Personal bona fide need of landlord---Default in payment of rent---Landlords sought eviction on the grounds of default in payment of rent and their personal bona fide need---Tenants contended that in a previous case by previous owner, father of tenants was directed by the court to deposit rent in the court, which tenants had been continuously depositing, therefore, alleged default was "technical"---Tenants denied personal need of landlords as they had obtained other shops in the same building--- After death of tenants' father, tenants were depositing rent in a disposed of matter, without becoming a party in the proceedings---Tenants had not stated in clear terms that landlords had refused to accept rent or were avoiding to accept rent directly and had not produced any proof regarding sending rent through money order or refusal of rent by landlords---Tenants could not be allowed to take benefit by arguing that it was a "technical default"---Version of landlord was supported by his wife who clearly stated in her affidavit-in-evidence that she was enrolled advocate and had brought on record copy of her enrolment certificate and that shops in question were required by them in good faith for their personal use as they intended to start independent practice---Choice of building was prerogative of landlord and tenant or Rent Controller were not allowed to decide its suitability, therefore, version of landlords set up in eviction application was fully corroborated in evidence produced by them, and no restriction could be enforced upon landlords---Constitutional petition was dismissed accordingly.