2017 CLCN 86 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD MUMTAZ MIRZA VS DISTRICT AND SESSIONS JUDGE EAST AT KARACHI Ss. 14 & 15(ii)---eviction of tenant---Grounds---Bona fide personal need and default in payment of rent---Suit was decreed in favour of landlady---Appellate Court, on appeal rejected the ground of personal bona fide need and remanded matter to be decided on ground of default---Validity---Landlady who wanted to live alone, without her children, in suit premises died during pendency of eviction petition, her children who subsequently became party were independent and did not need the premises for their personal use, resultantly ground of personal bona fide need was not available to children---Landlady had alleged failure of tenant to pay rent for seven months in disproof of which tenant did not produce any payment receipts resultantly there was no reason available to court to not count same as default against tenant making him liable to eviction---Petition was allowed accordingly.