2016 SCMR 1926 SUPREME-COURT

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CARPET CENTRE VS MUSTAFA FARABI TAPU JAVERI Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Commercial premises---eviction order---Bona fide personal need of landlord---Premises required for setting up a photo studio---Contention of tenant that personal need of landlord was not established in as much as landlord had claimed that he was a professional photographer but had given a contradictory statement in evidence that he adopted photography as a hobby, and that the landlord was already running a photo studio---Validity---Personal need of landlord was duly explained in a very categorical manner by stating that he came from a family of jewelers but he had adopted the profession of photography and wanted a commercial premises to set up his own studio---Statement of landlord that he already had a studio, did not mean that such studio was in some commercial premises---No question in cross-examination was put to the landlord to suggest that he already had a commercial premises where he had set up a photo studio---In such circumstances the failure to establish in evidence mala fide on part of the landlord was sufficient to direct eviction of tenant from the commercial premises---Petition for leave to appeal was dismissed accordingly.