2014 MLD 288 KARACHI-HIGH-COURT-SINDH

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MOHAN VS Mrs. MUHAMMAD YOUNUS BHOJAN 2000 SCMR 1613, 2001 SCMR 1197, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan, Arts.23 & 199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Ejectment application was concurrently allowed by Rent Controller and Lower Appellate Court in favour of landlord on the plea of default in monthly rent and bona fide personal need of landlord for his son---Validity---No circumstance was available on record to show that desire of landlord to use his own property for his son was tainted with malice or any evil design---Statement of landlord's son on oath was not seriously challenged and same being consistent with case pleaded by landlord must have been accepted on its face value and giving due weight---Conclusion drawn by Rent Controller to the effect that landlord's need was bona fide, could not be dislodged in absence of any strong evidence to rebut presumption of truth in statement of landlord---Landlord had absolute right to acquire and deal with property in the manner best suited to him and tenant had no right to disentitle landlord of his valuable rights to acquire, deal and possess his property which right was guaranteed by Art. 23 of the Constitution---Finding of Rent Controller on the point of personal need of landlord's son was in accordance with law---Tenant failed to point out any illegality or infirmity in the judgments/orders---High Court declined to interfere in eviction orders passed by two courts below---Petition was dismissed in circumstances.