2010 MLD 665 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASGHAR VS ABDUL REHMAN 1988 SCMR 819, 1996 CLC 381, 1998 SCMR 2119, 2001 SCMR 1197, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Landlord had contended that he was jobless and had no other place to establish his own business---Tenants during pendency of proceedings had pointed out that the landlord in the same building had come in possession of two vacant shops, without first establishing the fact that said two shops in his possession were neither suitable nor sufficient for his need, landlord thus could not have been granted eviction of tenants---Validity---Without giving any explanation as to why the premises already in possession of the landlord were not sufficient or suitable to meet his personal requirement, the personal need could not be regarded as bona fide---Fact that the landlord had come in possession of two shops during pendency of proceedings, it was rightly held by the Appellate Court that no case for bona fide personal need was made out.