2009 CLC 272 KARACHI-HIGH-COURT-SINDH

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GHULAM HUSSAIN VS COURT OF VTH ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH 1987 MLD 616, 1989 MLD 2882, 1994 MLD 955, 1994 MLD 958, 1997 MLD 1030, 2006 MLD 1135, 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---Choice of landlord---Principles---Landlord had a prerogative choice for property of his personal use and no exception could be taken to such findings of courts below---Landlord was judge of suitability of premises for his requirement and tenant had no option to choose which premises would be suitable for landlord---Landlord, in the present case, had no other property and required the premises for his personal bona fide use, which was his right and therefore, need of landlord for personal use of the premises was bona fide and not mala fide---Even it was not necessary for landlord to disclose nature of business intended to be conducted by him therein---High Court declined to interfere with eviction order passed by two courts below---Petition was allowed accordingly.