2010 CLC 447 KARACHI-HIGH-COURT-SINDH

Full text

NELOFAR SOOMAR VS Mst. SHAHIDA 1985 CLC 2644, 1986 CLC 448, 1986 MLD 1421, 1990 SCMR 1070, 1995 SCMR 584, 1997 MLD 2137, 1997 SCMR 1062, 2004 SCMR 862, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17(4)(b)---Ejectment of tenant---Bona fide personal need of landlord---Non-disclosure of business---Landlady had two shops in different localities of the city and she sought ejectment of tenant from the shop situated in Cantonment area---Rent Controller passed ejectment order on the ground of bona fide personal need---Plea raised by tenant was that landlady did not disclose nature of business she intended to do in shop in question---Validity---If there was another premises available to landlady, she had to travel beyond mere statement and to establish as to why premises chosen by her was more suitable than other premises available to her---It was not necessary for landlady to disclose in ejectment application as to what business she intended to start in the premises---high Court declined to interfere in eviction order passed by Rent Controller against tenant---Appeal was dismissed in circumstances.