2014 YLR 2727 KARACHI-HIGH-COURT-SINDH

Full text

SHAKEEL AHMED VS SENIOR CIVIL JUDGE AND RENT CONTROLLER 1973 SCMR 185, 1996 SCMR 1178, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss.2(g), 13 & 15---Constitution of Pakistan, Art.199---Constitutional petition--eviction of tenant (petitioner)---Personal bona fide need of landlord (respondent)---Selection of tenement for personal need of landlord---Scope---Owner of the property had absolute right to deal with property, in the manner he/she liked and no disqualification or adverse inference could be recorded by the Rent Controller, nor could it be made a ground for refusal of ejectment on the plea of personal need---Section 15 of Sindh Rented Premises Ordinance, 1979 had provided ample safeguard to the interest of tenants in the rented shops in question but the tenants were not required to decide the suitability of the need of the landlord, which was the absolute choice and prerogative of landlord---Constitutional petition was dismissed.