2015 MLD 1830 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD RAFIQ VS Dr. NAJMA BEGUM 1983 CLC 85, 1984 CLC 931, 1990 SCMR 1117, 1993 MLD 1530, 1997 CLC 992, Constitutional petition--TERM , Ejectment of tenant--Term , Requirements--Term , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 14, 15 & 21---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Personal bona fide need of landlady---Converting of ejectment application from under S. 14 to S.15 of Sindh Rented Premises Ordinance, 1979---Requirements---Rent Controller dismissed the eviction application being not maintainable but the same was allowed by the Appellate Court by converting the same from under S. 14 to S. 15 of Sindh Rented Premises Ordinance, 1979---Validity---Reasonings recorded by the Appellate Court were in accordance with the evidence on record and as per law---Application filed under S. 14 could be converted into under S.15 of Sindh Rented Premises Ordinance, 1979 provided proper adequate opportunity had been provided to the tenant to defend himself---Essential ingredient for such conversion of provisions was good faith---Even such conversion of provisions could be made at appellate stage if necessary conditions were in existence---Tenant, in the present case, was given a full opportunity to file written statement, cross examine the landlady and put himself in the witness box thereby an adequate opportunity had been given to him to defend his case under S. 15 of Sindh Rented Premises Ordinance, 1979---No prejudice had been caused to the tenant by converting rent application from under S. 14 to S. 15 of Sindh Rented Premises Ordinance, 1979---Landlady had fully proved her case that demised premises was required by her for personal bona fide need---Constitutional petition was dismissed in circumstances.