Case Details

Citation(s)
2016 SLG 1051 2016 SLD 1051 2016 CLC 1024
Sindh High Court
Constitutional Petition No. S-1051 of 2012, decided on 23rdNovember, 2015. Date of hearing: 11th November, 2015.
IRFAN SAADAT KHAN, J
Ghulam Abbasi Pishori for Petitioners.Nemo for
Respondents Nos.1 and 2.Asim Iqbal for
Respondent No. 3.

ABDUL HUSSAIN TEHIRALLY through L.Rs. and othersVsADDITIONAL DISTRICT JUDGE OF COURT NO.VI, KARACHI SOUTH and 2 others

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment of tenant---Bona fide personal need of landlord---Criteria---Co-owner of property filing eviction petition----Scope---Ejectment petition was dismissed by the Rent Controller whereas same was accepted by the Appellate Court---Validity---Landlord was co-owner of demised premises---Relationship of landlord and tenant existed between the parties---Co-owner could file eviction petition on the ground of personal bona fide need---Landlord had prerogative to choose among many places the place which would suit him the best---Tenant could not give suggestion to the landlord as to which place would suit best for his business---Place in question should be genuinely required by the landlord in good faith which had to be established from facts of a particular case---Tenant was directed to vacate the demised premises within a specified period---Constitutional petition was dismissed in circumstances. Muhammad Sharif and another v. Muhammad Afzal Sohail and others PLD 1981 SC 246; Saifullah v. Muhammad Bux 2003 MLD 480; M/s. Mehraj (Pvt.) Ltd. v. Miss Laima Saeed and others 2003 MLD 1033; Hafiz Shafatullah v. Mst. Shamim Jahan and another PLD 2004 Kar. 502; Azim Khan v. Muhammad Hussain 2003 CLC 278; Secretary to the Government of the Punjab, Forest Department, Punjab Lahore v. Ghulam Nabi PLD 2001 SC 415; Shamauddin v. IVth Additional District and Sessions Judge (East) Karachi 2010 CLC 337; Shajar Islam v. Muhammad Siddique and 2 others PLD 2007 SC 46; Pakistan Tobacco Company Limited, Karachi v. Director of Octroi, Karachi 2007 YLR 2982; Khurshid Ali v. Abdul Malik 1991 SCMR 1944; Javed Hussain Shah v. Government of Punjab 1998 SCMR 220; Asadullah Rashid v. Muhammad Muneer 1998 SCMR 2129; Messrs Muslim Commercial Bank Limited v. Tahir Edible Oil (Pvt.) Ltd. 2003 CLC 416; Muhammad Afzal Khan v. Ali Akbar 2005 CLC 988; Sara Bai v. Godhra Muslim PLD 1993 Kar. 496; M. Altaf Hussain v. Peshawar Motors Limited 1990 MLD 337; Parvaiz Akhtar v. Muhammad Ahsan PLD 1988 SC 734; Bata Pakistan Limited through Company Secretary and General Attorney v. Muhammad Anwar PLD 2007 Lah.588; Muhammad Yousaf v. District Judge,…
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