2015 CLC 293 KARACHI-HIGH-COURT-SINDH

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Mst. FEROZ JAN VS IIND ADDITIONAL DISTRICT JUDGE (SOUTH), KARACHI 1981 SCMR 844, 1981 SCMR 895, 1987 SCMR 307, 1993 CLC 1815, 1996 MLD 71, 1997 CLC 1085, 1998 CLC 410, 2000 MLD 442, PLD 1985 SC 38, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Landlady filed eviction petition on the grounds of default in payment of rent, unauthorized addition and alteration in the demised premises by the tenant and bona fide personal need of her sons---Scope---Contention of tenant was that neither landlady nor her sons appeared as witnesses in the court in support of her assertions that premises was required by her for her sons---Ejectment petition was accepted concurrently on the ground that demised premises was required by the landlady for her sons---Validity---Person for whose benefit the demised premises was required to be vacated was not necessary to be produced in support of eviction petition---Attorney of landlady had affirmed the requirement of disputed shop in his affidavit-in-evidence and same had not been rebutted by the tenant in cross-examination---Ejectment petition and affidavit-in-evidence on oath were consistent with each other with regard to requirement of demised premises for personal use of landlady's sons---Statement on oath of attorney of landlady on the ground of personal need had not been rebutted and same was sufficient to prove the plea of landlady---Sufficient evidence was on record to prove the requirement of demised premises for the sons of landlady---Constitutional petition was dismissed in circumstances and tenant was granted sixty days time for vacation of premises in question subject to regular payment of rent.