2013 YLR 2705 KARACHI-HIGH-COURT-SINDH

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Dr. SHAHID HUSSAIN KHAN VS MAQSOOD AHMED 2005 YLR 313, Constitutional petition--TERM , Ejectment Proceedings--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment proceedings---Changing stance by landlord---Effect---Ejectment order passed by Trial Court was reversed by Appellate Court---Validity---Landlord in earlier round of litigation sought eviction of tenant on the ground that he needed property for construction of house on the first floor but in the present case the stance was changed and it was stated that a medical consultancy centre would be built on the shops---Validity---First case was filed on the ground of personal bona fide use of shops, however, in the second round of litigation, the stance had been changed and the shops were sought for re-construction---Grounds of personal need and reconstruction of house taken by landlord were contradictory to each other---Judgment of Appellate Court reversing the ejectment order of Trial Court was upheld.