Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Arts.199 & 23---Constitutional petition---Application for ejectment of tenant on the grounds of default in payment of rent, sub-letting of premises by the tenant and bona fide personal need of landlord---Scope---Ejectment petition was accepted concurrently---Validity---Demised premises was required by the landlord for bona fide personal use---No circumstances existed to show that the desire of landlord to use the property for his own accommodation was tainted with malice or any evil design---Statement of landlord was consistent with the case pleaded by him and same must have been accepted by giving due weight---Findings of Rent Controller with regard to bona fide personal need of landlord could not be dislodged in the absence of any strong evidence to rebut the presumption of truth in his statement---Landlord had right to acquire and deal with the property in the manner best suited to him and tenant had no right to disentitle him from his valuable right to acquire, deal and possess his property---Tenant had sub-letted the premises without any legal justification---Findings of both the courts below with regard to personal bona fide need of landlord were correct and in accordance with law---Tenant was directed to vacate the premises within a period of 60 days---Constitutional petition was dismissed in circumstances. Rais Illahi Bux and another v. Inamullah 1991 CLC Note 46 at p.33; Iqbal Book Depot and others v. Khatif Ahmed and 6 others 2001 SCMR 1197; Mst. Jamila v. Muhammad Iqbal and 2 others 2013 MLD 52; Muhammad Arshad v. Syed Ali Hussain Rizvi and 2 others 2013' CLC 1129 and Mrs. Ghulam Fatima v. Shaikh Muhammad Yousuf and another 2013 MLD 1233 ref. Rais Illahi Bux and another v. Inamullah 1991 CLC Note 46 at p.33 distinguished. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, JUSTICE:---.--- The petitioner is aggrieved by the judgment dated 27-4-2012 passed by the learned Vth Additional District Judge, Karachi East, whereby he dismissed F.R.A. No. 259 of 2011 filed by the petitioner against the order dated 29-10-2011 passed by the learned IVth Rent Controller, Karachi…

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