Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment of tenant on ground of bona fide personal need of landlord, default in payment of rent and unauthorized use of the premises---Ejectment of the tenant (petitioner) was ordered concurrently by the courts below---Validity---Payment of rent through money order was not made on time and therefore default was created--While it was not mentioned in the tenancy agreement that permission to make additions or alterations to the premises had to be sought by the tenant,; substantial additions and alterations were to be made with the consent and concurrence of the landlord and could not be unilateral---Premises was used by the tenant in an unauthorized manner; and it had come on record that the personal need of the landlord was bona fide; inasmuch that landlord's children had to commence a business at the premises and no other property was available with the landlord---Tenant was running a restaurant at the premises and "restaurant" was not included in the ousting part of definition of premises provided under S.2(h) of Sindh Rented Premises Ordinance, 1979---Constitutional petition was dismissed. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 2(h)---"Premises", definition of---"Restaurant" was not included in the ousting part of definition of premises provided under S.2(h) of the Sindh Rented Premises Ordinance, 1979. JUDGMENT SALMAN HAMID, J.---Against the concurrent findings of the two courts below, the petitioner has preferred present petition, background of which is that the respondent No.1 in the first instance filed Rent Case No.1418 of 2005; (Rent Case) against the petitioner for his eviction from ground floor consisting of a hall measuring 166 square yards in a building raised and constructed on Plot bearing No.5-A, Mehmoodabad gate, Karachi, known as Tauheed Centre, (Demised Premises) on the grounds of default in payment of rent of March and April, 2005, unauthorized construction/impairment; personal bona fide need and subletting. Rent Case was decided by the VII-Senior Civil Judge and Rent Controller, Karachi,…

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