2009 CLC 215 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SALEEM VS Mrs. SANJIDA KIDWAI 1987 MLD 616, 1988 CLC 811, 1993 CLC 175, 1994 MLD 958, 1995 CLC 702, 1999 MLD 2070, 2004 SCMR 1903, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17---Ejectment of tenant---Bona fide personal need of landlady---Choice of premises-Principles---Rent Controller allowed ejectment application filed by landlady and passed eviction order against tenant---Plea raised by tenant was that another house was available with landlady for her residence---Validity---Landlady had prerogative to choose property for her personal use, which would include use for her husband, thus High Court declined to take any exception to findings of Rent Controller---Landlady was judge of suitability of premises for her requirement and tenant could not have option to choose which premises would be suitable for her---Landlady had no other residential premises in Pakistan required for her personal bona fide use which was a fundamental right and could not be snatched from her---Tenant failed to prove his case and could not point out any illegality, material irregularity, misreading or non-reading of evidence, requiring interference by High Court at appeal stage---High Court in exercise of appellate jurisdiction declined to interfere with eviction order passed by Rent Controller---Appeal was dismissed in circumstances.