2012 PLD 203 KARACHI-HIGH-COURT-SINDH

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REHAN AHMED VS Mrs. NADRA ISRAR Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan, Art.199---Constitutional Petition-Ejectment of tenant---Bona fide personal need---Change in circumstances---Death of landlord---Effect---Tenant assailed eviction order on' the ground that after death of landlord, plea of bona fide need had extinguished---Validity---Ejectment application was filed only on the ground that shop in question was required for the use of landlord---Record showed through evidence that need of the shop was not that of two sons of landlord, who were earning their livelihood in Dubai and Karachi respectively---Personal bona fide need of shop that was existing remained as such till the death of landlord---Need of the shop had extinguished because of demise of landlord as the circumstances had changed altogether---Under the altered and changed circumstances, the decisions handed down by Rent Controller and Lower Appellate Court were set aside and ejectment application filed by landlord was dismissed---Petition was allowed in circumstances.