2015 CLC 1253 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SANAWAR KHAN VS AKHTAR KHAN 1984 CLC 2135, 1988 CLC 1833, 1998 CLC 1050, 2006 SCMR 152, 2008 SCMR 398, 2009 YLR 2234, 2013 CLC 280, 2013 MLD 52, PLD 1994 SC 716, PLD 2000 Kar. 119, Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Ss. 15 & 14---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Evidence recorded in one case copied in another case---Effect---Contention of landlord was that premises was required for his personal bona fide need and tenant had committed default in payment of rent and he had raised illegal construction in front of house in question---eviction petition was dismissed concurrently---Validity---Evidence recorded in one case copied in verbatim in other case would not be fatal as landlord had not objected with regard to the mode of recording of evidence before the Trial Court---No such plea having been raised before the courts below and before third forum, such objection was not sustainable---Landlord had not been able to point out that he was prejudiced by the alleged mode for recording of evidence---Landlord had been non-suited on his own omission and he was not aggrieved by any procedural defect on the part of Rent Controller---Landlord had lost his first case before the Rent Controller on similar facts and circumstances and had failed to establish default in payment of rent on the part of tenant---Nothing was on record with regard to new cause of action accrued to the landlord for personal bona fide need of demised premises---No evidence had been brought on record with regard to additions and alternations in the demised premises---No notice was served on the tenant with regard to retirement of landlord---Landlord was in possession of second and third floor of the building which had no nexus with the demised premises---Provisions of S.14 of Sindh Rented Premises Ordinance, 1979 were not attracted to the present case---Findings recorded by the courts below were in accordance with the material on record---Constitutional petition was dismissed in circumstances.