Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan, Art. 185(3)---Eviction of tenant---Personal bona fide need of landlord---Shop in question was required by the landlord for his son, who was residing abroad and was jobless---Landlord, who was an old person needing proper look after and care, decided to call back his jobless son and sought to put him in business in the shop in question---Sufficient funds for establishment of said business was available---Contentions of the tenant was that landlord had failed to prove personal bona fide need of his son, who was permanently residing abroad, and that landlord's son filed his affidavit in evidence before the Rent Controller, but subsequently request was made for withdrawal of the said affidavit---Validity---Landlord's son had filed his affidavit in evidence as attorney of the landlord and not in his personal capacity---First Appellate Court and High Court after elaborately discussing the evidence had rightly come to the conclusion that premises (shop) in question was required by the landlord for personal use of his son---Petition for leave to appeal was dismissed accordingly. Zahoor Din v. Mirza Ayub Baig 1981 SCMR 1081; Syed Jan Muhammad and another v. Syed Abdul Khair 2001 SCMR 1287 and Muhammad Iqbal v. Syed Sohail Wajid Gillani 2004 SCMR 1607 ref. JUDGMENT KHILJI ARIF HUSSAIN, J.---This petition, for leave to appeal, has been filed by Ferozuddin and another, petitioners, under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, against the order dated 22-12-2009 passed by learned High Court of Sindh, at Karachi, whereby, Constitution Petition No.187 of 2008, was dismissed and the petitioner was directed to vacate the premises in question as the same was required by respondent No.2 for personal bona fide need. 2. Brief facts relevant to decide this petition are that the respondent/landlord filed an ejectment application in January, 2002 on the ground for personal bona fide need of the premises in respect of ground floor, situated at, 124-U Block-2, Tariq Road, P.E.C.H.S, Karachi, for his son, residing in U.S.A who was jobless, to put him in…

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