2006 CLC 99 KARACHI-HIGH-COURT-SINDH

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SULTAN AHMAD VS ADDITIONAL DISTRICT JUDGE-I, KARACHI SOUTH 2000 SCMR 1292, Constitution of Pakistan 1973--199 , Constitutional petition--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---Failure to specify nature of business---Selection of premises---Rent Controller dismissed ejectment application on the ground that landlords failed to disclose type of business they intended to establish and they had one shop available with them which could be used for their business---Order of Rent Controller was maintained by Lower Appellate Court---Plea raised by landlords was that it was their choice to select the premises---Validity---If landlords possessed more than one house / shop in same area, the choice as to the house / shop which they would like to possess was a matter within their prerogative and discretion---Tenant or Rent Controller did not have the power to determine which premises landlords should personally use/reside in---Question as to which portion / shop of building would suit landlords better, must be left to the discretion of landlords and there was nothing unreasonable if landlords were insisting that a particular portion of building should be made available to them---No legal requirement existed to the effect that landlords in seeking ejectment of tenant from a shop on the ground of personal and bona fide requirement must disclose the nature of business which they intended to start in the premises---Both the Courts below had erred in arriving at conclusion that landlords failed to prove their bona fide requirement of the premises in question---High Court in exercise of Constitutional jurisdiction set aside the concurrent orders passed by both the Courts below and eviction order was passed against tenant---Petition was allowed in circumstances.