2015 MLD 1577 KARACHI-HIGH-COURT-SINDH

Full text

Dr. MASUMA HASAN VS MUHAMMAD HAFEEZ 1997 CLC 1500, 1999 SCMR 348, 2000 CLC 1841, 2000 SCMR 1356, 2000 SCMR 1613, 2000 SCMR 1960, 2002 SCMR 241, 2002 SCMR 333, 2002 SCMR 412, 2010 CLC 365, 2010 SCMR 1915, PLD 2003 SC 277, PLD 2003 SC 280, PLD 2004 SC 465, PLD 2004 SC 489, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Arts.199 & 23---Constitutional petition---eviction petition by co-owner of the premises---Bona fide personal need of landlord---Scope---Landlord being co-owner with other co-owners of the property rented out the same to the tenant---Copy of lease agreement was annexed with the ejectment petition---Demised premises was required by the landlord for his own accommodation and his such assertion could not be shaken by the tenant---Tenant did not appear before Rent Controller for the purpose of cross-examination and her written statement could not be treated as evidence---Co-sharer of the property was entitled to file ejectment petition without impleading the other owners---No circumstances existed to show that desire of landlord to use his property for his own accommodation was tainted with malice or any evil design---Statement of landlord was consistent with the case pleaded by him and same must be accepted by giving due weight---Need of landlord was bona fide and same could not be dislodged in absence of any evidence to rebut the presumption of truth in his statement---Landlord had right to acquire and deal with the property in the manner best suited to him and tenant had no right to disentitle him from his valuable right to acquire, deal and possess his property---Findings of both the courts below with regard to personal need of landlord were justified and in accordance with law---Tenant had failed to point out any illegality or infirmity in the impugned order---Tenant was directed to vacate the premises within a period of 30 days---Constitutional petition was dismissed in circumstances.