2008 CLC 869 KARACHI-HIGH-COURT-SINDH

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RIZWAN VS MUHAMMAD RAFIQ 1973 SCMR 185, 1986 CLC 395, 1995 CLC 452, 1996 CLC 1016, 1996 SCMR 1178, PLD 1991 SC 165, PLD 1994 Lah. 252, 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---Proving of one plea---Effect---Ejectment petition was filed by landlords on the grounds of bona fide personal need and default in monthly rent---eviction order passed by Rent Controller was set aside by Appellate Court---Plea raised by landlords was that their families were residing with their parents and they required the premises for their own personal use---Validity---Landlords succeeded to prove their case in respect of personal bona fide need but failed to prove default in payment of monthly rent---High Court, in exercise of constitutional jurisdiction under Art.199 of the Constitution, set aside the order passed by Appellate Court and restored that of Rent Controller---Constitutional petition was allowed in circumstances.