2016 YLRN 82 KARACHI-HIGH-COURT-SINDH

Full text

WAQAR AHMED VS MUHAMMAD MUSTAFA KHAN Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment of tenant---Personal bona fide need of landlord---Scope---Contention of tenant was that landlord had more shops in the premises and requirement for personal use was based on mala fide---eviction petition was accepted concurrently---Validity---Existence of relationship of landlord and tenant was on record---Landlord required the premises for his personal use---Landlord was not required to disclose the nature of business he wanted to run---Satisfaction of Rent Controller with regard to bona fide requirement of landlord was sufficient to order for ejectment---Only requirement for seeking eviction of tenant from the premises was the proof of bona fide need of landlord---Such requirement would be discharged the moment landlord appeared in witness box and made such statement on oath which remained un-shattered---Landlord had succeeded to prove his bona fide need of the demised premises---Demand of high rent from the tenant would not per se cast any doubt about personal bona fide requirement of landlord---No illegality, irregularity or error of jurisdiction had been pointed out in the impugned orders passed by the courts below---Tenant was directed to vacate the demised premises within a period of two months---Constitutional petition was dismissed in circumstances.