Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979) --- ----S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Contention of landlord was that premises was required for personal bona fide need whereas tenant contended that previous ejectment petition on the similar ground was dismissed---Ejectment petition was dismissed by the Rent Controller but same was accepted by the Appellate Court---Validity---Landlord-Bank had given the details of all the locations as well as non-availability of vacant space for establishing its record room---Premises was required for personal/official need in good-faith and same had not been disputed---Nothing had been brought on record to show that requirement of the landlord-Bank to establish record room was not genuine---Previous ejectment petition of the landlord-Bank was dismissed by the Supreme Court as claim of the Bank was vague in nature in the said proceedings---Landlord had specifically mentioned the purpose of personal requirement in the present case---Landlord could not be denied his right to choose suitable accommodation which might be required for personal bona fide need---Tenant could not raise any objection relating to sufficiency or suitability of accommodation by the landlord except that requirement of personal need was based on mala fides---Landlord could not be deprived indefinitely from getting the fruits and enjoying the possession of a premises owned by him---Impugned did not suffer from any illegality, non-reading or misreading of evidence and did not require any interference by the High Court in its constitutional jurisdiction---Constitutional petition was dismissed. Shakeel Ahmed and another v. Muhammad Tariq Farogh and others 2010 SCMR 1925; Mst. Shirin Bai v. Famous Art Printers (Pvt.) Ltd. and others 2006 SCMR 117; Mst. Saira Bai v. Syed Anisur Rahman 1989 SCMR 1366; Khawaja Imran Ahmed v. Noor Ahmed and another 1992 SCMR 1152; Zarina Ayaz v. Khadim Ali Shah 2003 SCMR 1398; Muhammad Sharif and another v. Muhammad Afzal Sohail and others PLD 1981 SC 246; Muhammad Latif v. District Judge Karachi (South) and others reported as 2009 YLR 2234 and Messrs Mehraj (Pvt.) Ltd. v.…