2017 CLCN 75 KARACHI-HIGH-COURT-SINDH

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ZAHEER SONS JEWELLERS VS MUHAMMAD AYAZ KHAN 1987 SCMR 2051, 1992 SCMR 1303, 2000 SCMR 531, 2001 SCMR 338, 2006 SCMR 152, 2007 SCMR 621, 2010 SCMR 1925, 2012 CLC 1195, 2013 CLC 562, PLD 2014 Sindh 194, Eviction of tenant--TERM , Personal bona fide need of landlord--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---eviction of tenant---Personal bona fide need of landlord---Scope---eviction petition was accepted on the ground of personal bona fide need of landlord---Validity---Burden of landlord seeking eviction of tenant on the ground of personal bona fide need would stand discharged the moment he appeared in the witness box and made such statement on oath or in the form of an affidavit-in-evidence and remained un-shattered in cross-examination and un-rebutted in the evidence of opposite party---No one would be bound to depose the facts not pleaded by him in his pleadings---Landlord had prerogative to choose any of the premises for his personal use---Tenant could not dictate to the landlord in this regard---Constitutional petition was dismissed in circumstances.