2025 YLR 2329 KARACHI-HIGH-COURT-SINDH

Full text

Mrs. Rehana Khatoon VS M/s Delsol the School S.15---eviction petition---Personal bona fide need of the landlord/ landlady---Scope---The petitioner (landlady) filed eviction petition against respondent No.1 under S.15 of the Sindh Rented Premises Ordinance, 1979 (SRPO, 1979), on grounds of default, nuisance, and personal bona fide need---The Rent Controller allowed the application filed by the petitioner (landlady), which was later set aside by the appellate court---The petitioner (landlady) mainly relied on her personal bona fide need and stated to have previously lived in her son's house and now sought to reside with her husband in her own house---She (landlady) refused to extend the tenancy to the respondent No.1 (tenant) and demanded vacation of the premises---Held: Once the landlady stepped into the witness box and made a statement that the tenement was required for her personal bona fide need, ejectment proceedings had to follow and it was not up to the tenant to dictate as to how and in what manner, the landlady could use the tenement in question---It was the decision of the landlady as to how she wanted to reside in the subject property even if the same was to her detriment and even if the tenement in question was inhabitable, such an argument would be immaterial --- Impugned order was set-aside , however, since the tenement in question was being used for the purposes of a school, therefore, six months' time was granted for vacation of the property in question---Constitutional petition was allowed.