2014 YLR 648 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ALI VS Vth-ADDITIONAL DISTRICT JUDGE, HYDERABAD 1993 MLD 1530, 2004 YLR 1969, 2013 CLC 853, 2013 MLD 433, PLD 1975 SC 678, Applicability--Term , Bona fide personal need of landlord--Term , Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S.12 (2)---Constitution of Pakistan, Art.199---Constitutional petition---Laches, principle of--- Applicability--- Ejectment petition---Bona fide personal need of landlord---Scope---Landlord filed eviction petition on the ground of his personal bona fide need which was dismissed by the Rent Controller but same was accepted by the Appellate Court ex parte---Validity---Rent Controller did not consider the plea of landlord with regard to his personal bona fide need who was entitled to have vacant possession of the premises---Mere lack of experience and not disclosing the nature of business intended to be established would not disentitle landlord from claiming ejectment of tenant---Landlord had prerogative to choose any premises for his business irrespective of its suitability---Attorney could appear and contest the litigation but he could not become the tenant nor was entitled to retain the premises---Landlord was entitled to be in possession of subject shop---Impugned order was passed on 21-12-2009 which despite knowledge of tenant was assailed after lapse of eleven months---Constitutional petition suffered from laches and liable to be dismissed.