2016 CLC 1024 KARACHI-HIGH-COURT-SINDH

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ABDUL HUSSAIN TEHIRALLY VS ADDITIONAL DISTRICT JUDGE OF COURT NO.VI, KARACHI SOUTH 1981 CLC 1091, 1982 CLC 1599, 1984 CLC 2459, 1985 MLD 419, 1986 SCMR 1873, 1987 CLC 1938, 1987 SCMR 307, 1989 CLC 1338, 1989 CLC 2003, 1989 CLC 49, 1989 CLC 494, 1989 CLC 506, 1989 SCMR 1327, 1990 MLD 337, 1991 CLC 623, 1991 MLD 1297, 1991 MLD 801, 1991 SCMR 1944, 1992 CLC 2504, 1992 MLD 1225, 1993 MLD 469, 1993 MLD 477, 1994 CLC 2422, 1994 MLD 2418, 1994 SCMR 1012, 1995 CLC 230, 1998 CLC 410, 1998 SCMR 2129, 1998 SCMR 220, 1999 SCMR 348, 2000 SCMR 1937, 2001 SCMR 1140, 2003 CLC 278, 2003 CLC 416, 2003 MLD 1033, 2003 MLD 480, 2005 CLC 633, 2005 CLC 988, 2006 SCMR 117, 2006 SCMR 152, 2007 YLR 2982, 2008 CLC 362, 2008 CLC 431, 2008 SCMR 28, 2008 YLR 2265, 2009 CLC 272, 2010 CLC 337, 2010 CLC 365, 2010 SCMR 1925, 2010 YLR 815, PLD 1981 SC 246, PLD 1982 Kar. 182, PLD 1984 Kar. 14, PLD 1988 SC 734, PLD 1990 SC 394, PLD 1993 Kar. 496, PLD 2001 SC 415, PLD 2004 Kar. 502, PLD 2008 Kar. 166, PLD 2008 Kar. 361, PLD 2009 Kar. 268, PLD 2012 Sindh 481, Bona fide personal need of landlord--Term , Criteria--Term , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment of tenant---Bona fide personal need of landlord---Criteria---Co-owner of property filing eviction petition----Scope---Ejectment petition was dismissed by the Rent Controller whereas same was accepted by the Appellate Court---Validity---Landlord was co-owner of demised premises---Relationship of landlord and tenant existed between the parties---Co-owner could file eviction petition on the ground of personal bona fide need---Landlord had prerogative to choose among many places the place which would suit him the best---Tenant could not give suggestion to the landlord as to which place would suit best for his business---Place in question should be genuinely required by the landlord in good faith which had to be established from facts of a particular case---Tenant was directed to vacate the demised premises within a specified period---Constitutional petition was dismissed in circumstances.