2024 SCMR 1796 SUPREME-COURT

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Mst. MUSSARRAT SHAHEEN VS Mst. VERBEENA KHAN AFROZ S. 15---eviction of tenant---Default in payment of rent---Personal bona fide need of landlady---When a landlord/landlady pursues eviction on the grounds of personal bona fide need and non-payment of rent, such a claim cannot be dismissed simply by challenging the ownership of the property---It is pertinent to consider the substance of the landlord's claim regarding the legitimate need for the property and the alleged default in rent payment---In the case at hand the landlady (respondent) had established the default in payment of rent as well as her personal bona fide need and had also adduced affidavit in this regard---Thus, both the grounds for eviction i.e. default in payment of rent and personal bona fide need had not been disputed by the tenant (petitioner)---Petitioner had not produced any evidence to rebut the claims of the landlady---Petition filed by the tenant was dismissed and leave was refused.