2015 MLD 216 KARACHI-HIGH-COURT-SINDH

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SHARAFAT VS UMER HAYAT Application for ejectment--Term , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vi), (3) & (4)---Constitution of Pakistan, Art.199---Constitutional petition---Application for ejectment---Property/building required by landlord for re-construction---Claim of tenant for induction in other property of landlord---Scope---Respondent/landlord filed application before the Rent Controller for vacation of demised property for reconstruction---Rent Controller allowed the application of landlord, appeal filed by tenant was also dismissed---Contention of the petitioners/tenants was that landlord be directed to deliver possession of a vacant shop in the said plot in lieu of demised premises till finalization of reconstruction over the plot in question---Validity---For availing the benefit of clause (vi) of section 15(2) of the Sindh Rented Premises Ordinance, 1979, the satisfaction of the Rent Controller was required only to the extent that landlord required such building for reconstruction and had obtained necessary sanction for reconstruction or erection of new building at the site from the competent authority at the relevant time---Respondent/landlord in ejectment application had specifically pleaded that the demised premises was required bonafidely for reconstruction and the proposed building plan for reconstruction of building had been approved and such approval had been obtained from the competent authority---Respondent/landlord had complied with the requirements for seeking eviction of the petitioners/tenants from demised shops and there was nothing on record to establish mala fide on their part---Claim of tenants/petitioners that they may be accommodated by the respondent/landlord by putting them in possession of another shop owned by him before vacating the demised premises was untenable---Constitutional petition was dismissed.