2010 CLC 308 KARACHI-HIGH-COURT-SINDH

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YOUSUF AZIZ VS ASIM SALEEM 2005 CLC 564, PLD 1981 Kar. 170, PLD 1996 SC 724, PLD 2006 Lah. 684, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17---Ejectment of tenant---Bona fide personal need of landlord---Choice of landlord---Scope---Landlord claimed that demised premises was required by him for his own use and tenant had committed default in payment of monthly rent---Rent Controller allowed the application and passed eviction order on the basis of bona fide personal need of landlord---Validity---Was not for the court or for opponent to decide as to which should be the premises suitable for need of landlord---Such was sole, exclusive and absolute discretion of landlord to decide as to which premises or which part of premises would be suitable to his requirements---Neither court nor the opponent could be allowed in such regard to supplant the opinion of landlord who had clearly stated that he had been living with his uncle---No one could be denied the right of landlord to live in his owned premises---High Court declined to disturb the conclusion reached at by Rent Controller on the issue of bona fide personal need---Landlord established default in payment of rent in terms of rate of rent as well as by first deposit having been made in the Court of Rent Controller---Eviction order passed by Rent Controller was in consonance with evidence produced before the court---Appeal was dismissed in circumstances.