Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15(2)(vii) & 21---Constitution of Pakistan (1973), Art.l-99--­Constitutional petition---Bona fide and personal need of landlord --­Ejectment application filed by landlord on sole ground of his personal bona fide need in respect of shop in question was resisted by tenant on the ground that landlord in his cross-examination had himself admitted that he was working in post office as peon, though temporarily---Landlord had stated in cross-examination and which was also confirmed by other witnesses that service of landlord in post office as peon was purely temporary and that in the past also twice he was removed from service--­Such temporary engagement of landlord, could not be taken as his disqualification for seeking ejectment of tenant from rented shop for his personal bona fide need---Landlord was neither expected nor it was the spirit of law that till ejectment application filed by landlord on ground of his personal bona fide need was finally decided, landlord should sit idle or to maintain status quo to prove his bona fides---Contention of tenant that according to one of clauses of tenancy agreement, landlord would not be competent to eject tenant, was repelled because any condition provided in rent agreement which was in conflict with statutory provisions of Sindh Rented Premises Ordinance, 1979 or against Public Policy, was void and could not be enforced through or defended before any Court of Law--­Concurrent findings of Rent Controller and Appellate Court below being based on proper assessment of evidence on record, could not be interfered with by High Court in exercise of its Constitutional jurisdiction. Fazal Azim and another v. Tariq Mahmood and another PLD 1982 SC 218; Saifullah v. Muhammad Bux and 2 others 2003 MLD 480 and Messrs Mehraj (Pvt.) Ltd. v. Miss Laima Saeed and others 2003 MLD 1033 ref. ORDER By this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, order dated 13-9-1994, passed by Rent Controller/1st Senior Civil Judge, Nawabshah in R.A. No.l7 of 1992, whereby allowing the rent application filed by respondent No. 1, and the other order dated…

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