2012 PLD 23 KARACHI-HIGH-COURT-SINDH

Full text

NAVEED MERCHANT VS PAKISTAN INSTITUTE OF INTERNATIONAL AFFAIRS through Accountant 1995 MLD 323, Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , Societies Registration Act 1860--6 , S. 15---Societies Registration Act (XXI of 1860), S.6---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Proof---Re-letting of premises---Ejectment application was filed by a society against its tenant on the plea of personal need---Rent Controller passed eviction order against tenant which was maintained by Lower Appellate Court---Validity---Landlord society was already in occupation of accommodation of its own and if it required additional space on the ground of insufficiency of space, then it had to prove through evidence that existing space was insufficient and there was genuine need for additional space---Only establishing genuine need, the same could warrant eviction of tenant---No such evidence was brought on such aspect of the matter and the society had its own office in the same building---Landlord society, not only failed to prove its case on the ground of insufficiency of space but went to the extent of admitting that tenements in the same building were rented out to new tenants during pendency of ejectment proceedings, thus demolishing the plea of personal bona fide need---High Court set aside the eviction order against tenant, passed by Rent Controller and Lower Appellate Court---Petition was dismissed in circumstances.