2017 CLCN 109 KARACHI-HIGH-COURT-SINDH

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Mst. AMNA BIBI VS VITH ADDITIONAL DISTRICT JUDGE SOUTH KARACHI S. 15---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlady---Plea of Pugree---Scope---Contention of tenant was that she had tendered rent through money order---eviction petition was dismissed by the Rent Controller but same was accepted by the Appellate Court---Validity---Tenant had failed to bring on record the coupon of money order allegedly sent by her to the landlady---Even no parcel of money order was placed on record nor postman was examined in respect of refusal of rent or receipt of the money order---Nothing was on record that landlady had refused to receive rent---Tenant had failed to prove that she tendered or remitted rent to the landlady---Selection of premises was sole prerogative of landlord if having more than one---No restriction could be enforced upon the landlord---Plea of Pugree would not disentitle the owner from filing eviction petition against the tenant on the ground of personal bona fide need---Tenant was granted four months time for vacation of demised premises---Constitutional petition was dismissed in circumstances.