2010 YLR 874 KARACHI-HIGH-COURT-SINDH

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FEROZUDDIN VS II-ADDITIONAL DISTRICT JUDGE, KARACHI EAST 1968 SCMR 959, 1981 SCMR 1081, 1981 SCMR 844, 1988 MLD 1412, 1990 SCMR 1070, 1991 CLC 1902, 1991 MLD 1303, 1992 MLD 1737, 1993 SCMR 1559, 1997 SCMR 1062, 2001 SCMR 1287, 2004 SCMR 1607, PLD 1981 Kar. 537, PLD 1981 SC 246, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art. 199--- Constitutional petition--Ejectment of tenant---Bona fide personal need of landlord---Use of premises by son of landlord---Tenant assailed eviction order on the ground that landlord neither mentioned name of his son for whom premises was required nor nature of business was disclosed---Validity---Landlord had clearly stated that he was an old man and was disabled person whose all sons were abroad and he wanted one of his sons to come back and establish business in demised premises and to look after him in his twilight years---Fact that landlord did not disclose name of his son, was not material and the fact that he did not disclose nature of business, his son would start was also not material---Landlord was an old man, he was disabled person, and it was reasonable and bona fide for an old father to desire that one of his sons should come, have means of livelihood and then help the father to take his last steps towards his grave---Such requirement of landlord was bona fide and it was not merely whim or fancy, it was a genuine need---Only on the ground that sons of landlord were in the land of opportunity called United States of America and would not like to come back to Pakistan, was not sufficient to belie bona fide of landlord---High Court declined to interfere in eviction order passed by Lower Appellate Court against tenant--Petition was allowed accordingly.