2015 MLD 1077 KARACHI-HIGH-COURT-SINDH

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ABDUL WAHAB VS MUHAMMAD NAFEEZ Conditions--Term , Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Conditions---Personal bona fide need of landlord---Default in payment of rent---Good faith---Scope---Tenancy agreement between the parties for a period of 11 months was on record---Tenant was paying rent amount to the landlord without renewal of such agreement---Tenant continued to deposit the rent amount in the court after dispute---Landlord could seek eviction where default or breach was on the part of tenant---Burden was upon the owner of the premises to establish/prove such breach or default---Tenant was bound to disprove such breach or default which had come forward by placing undeniable material/fact---Landlord could not rent out the premises to some other on high rent or choice after getting eviction of tenant---Good faith would continue till the one from his/her conduct and attitude had proved otherwise---Nothing was on record to dislodge the stand of landlord with regard to his personal bona fide need---Owner of premises could not be kept out of his/her right to use his own property for his/her personal use in good faith---Appellate Court had allowed the eviction petition while assigning the reasons and directed the tenant to hand over peaceful possession of premises to the landlord within 60 days---Claim of landlord that premises was required for personal use had not been disproved by the tenant---No illegality had been pointed out in the impugned judgment passed by the Appellate Court---Tenant might apply for possession of demised premises if landlord did not use the same for his personal use after getting the possession or rented out the said premises to some other person---Constitutional petition was dismissed in circumstances.