2006 CLC 5 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ABDUL VAKEEL VS GHULAM AKBAR SHAIKH PLD 1988 SC 190, PLD 2005 SC 34, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Ejectment of tenant---Adjustment of security deposit towards monthly rent---Landlord sought ejectment of tenant on the ground of bona fide personal need and default in payment of monthly rent---Order of ejectment passed by Rent Controller against tenant was maintained by Lower Appellate Court---Plea raised by tenant was that after expiry of tenancy agreement, he became statutory tenant and amount of security deposit could be adjusted towards monthly rent---Validity---According to mutual agreement of the parties, security amount deposited under tenancy agreement was for the protection of landlord against any outstanding dues, losses or damages and it was not meant for adjustment of rent for defaulted period---Such clause of tenancy agreement was not in any way violative of rent laws---Even after expiry of tenancy agreement between the parties, though the tenant had become statutory tenant of landlord but the clause which was regarding security deposit for protecting landlord's interest, continued to remain in force and effective as it was not otherwise unlawful under general law---Such clause of the agreement could not be varied under the law and had to be applied for the purpose provided in tenancy agreement and not otherwise---Amount of security deposit under such clause of tenancy agreement was not liable to be adjusted towards arrears of rent on expiry of the agreement---Sufficient material was produced in evidence to support the personal need of landlord, who was a Government servant and had been residing in Government accommodation for the past about 25 years, who was in need of his own house---High Court in exercise of Constitutional jurisdiction declined to interfere in the eviction order passed by Rent Controller and maintained by Lower Appellate Court---Constitutional petition was dismissed in circumstances.