2012 YLR 1734 KARACHI-HIGH-COURT-SINDH

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CAPTAIN PQ CHEMICAL INDUSTRIES (PVT.) LTD. VS VITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI 1985 CLC 332, 1985 SCMR 1972, 1986 CLC 681, 1989 CLC 1926, 1989 CLC 870, 1989 MLD 3559, 1992 CLC 723, 2005 PTD 1189, 2009 PTD 910, 2010 CLC 365, PLD 2000 SC 787, PLD 2001 Kar. 389, PLD 2006 Kar. 593, Civil Procedure Code --Order II of C.P.C. Frame of Suit--2 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--19 , Ss. 19 & 15---Civil Procedure Code (V of 1908) O.II, R. 2---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent and bona fide personal need of landlord---eviction of tenant (petitioner) was allowed concurrently by the courts below---Contention of the tenant (petitioner) was , inter alia, that two separate rent agreements, which were a decade apart and independent of each other, had been executed , for the main building and the annexe, and therefore, two separate causes of actions could not have been joined together and filed before the Rent Controller---Validity---One of the landlords had asserted her bona fide need which was enough evidence to show the bona fide personal need of the landlord which could not be shattered by the tenant in the courts below---Contention of the tenant that findings on all issues ought to have been given by the courts below was not correct inasmuch as in the terms of S.19(5) of the Sindh Rented Premises Ordinance, 1979; substantial issues which were before such court had been framed, and findings on such issues were available, and since issue of joining of causes of action was not a material issue, which was raised by the tenant, question of deciding the same never arose inasmuch as it was permissible under the law that several causes of action could be joined or brought in a single suit which in the present case was brought before the Rent Controller---Order II, R. 2, C.P.C. did not bar filing of a suit on joinder of two causes of a case, and in the present case, said benefit of Order II , R. 2, C.P.C. had been availed by the landlords---Constitutional petition was dismissed.