2016 MLD 358 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YASEEN VS NIZAMUDDIN 1997 CLC 1126, 2009 YLR 1052, 2010 SCMR 1925, 2011 CLC 1389, 2011 SCMR 589, Constitutional petition--TERM , Ejectment of tenant--Term , Requirement--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Arts.199 & 23---Constitutional petition---Ejectment of tenant---Requirement---Personal bona fide need of landlord---Denial of relationship of landlord and tenant by the tenant---Scope---One who received the rent would fall within the meaning of "landlord"---Once tenant had admitted the paying of rent to a person he could not subsequently take an exception thereto---Selection of business place was the sole prerogative of landlord if having more than one premises---Only requirement for seeking eviction of a tenant was the proof of bona fide need of landlord---Such requirement would be discharged the moment landlord appeared in the witness box and had made such statement on oath or in the form of an affidavit-in-evidence if it remained un-shattered in cross-examination and un-rebutted in the evidence adduced by the opposite party---Tenant had no right to disentitle the landlord of his/her valuable right to acquire, deal and possess his/her property---No illegality had been committed by the courts below---Legitimate and legal right could not be knocked out on technical ground---Constitutional petition was dismissed in circumstances.