Case Details

Citation(s)
2016 SLG 2440 2016 SLD 2440 2016 SCMR 1926
Supreme Court of Pakistan
Civil Petition No. 79-K of 2016, decided on 30th March, 2016. Date of hearing: 30th March, 2016. (On appeal against the judgment Dated 13.11.2015 passed by the High Court of Sindh, Karachi in C.P. No. S-887/2010)
FAISAL ARAB, JUSTICE AND KHILJI ARIF HUSSAIN, JUSTICE
Abdul Qadir Khan, Advocate Supreme Court for Petitioner. Nemo for
Respondents.

MESSRS CARPET CENTRE

VS

MUSTAFA FARABI TAPU JAVERI AND OTHERS

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Commercial premises---Eviction order---Bona fide personal need of landlord---Premises required for setting up a photo studio---Contention of tenant that personal need of landlord was not established in as much as landlord had claimed that he was a professional photographer but had given a contradictory statement in evidence that he adopted photography as a hobby, and that the landlord was already running a photo studio---Validity---Personal need of landlord was duly explained in a very categorical manner by stating that he came from a family of jewelers but he had adopted the profession of photography and wanted a commercial premises to set up his own studio---Statement of landlord that he already had a studio, did not mean that such studio was in some commercial premises---No question in cross-examination was put to the landlord to suggest that he already had a commercial premises where he had set up a photo studio---In such circumstances the failure to establish in evidence mala fide on part of the landlord was sufficient to direct eviction of tenant from the commercial premises---Petition for leave to appeal was dismissed accordingly. THIS ORDER PASSED BY: FAISAL ARAB, JUSTICE:----------------- Against the eviction order passed against the petitioner by the learned High Court on the ground of personal need of the respondent No.1, this petition has been filed. 2. Learned counsel for the petitioner has argued that the personal need of the respondent was not established in evidence inasmuch as the respondent has claimed that he is a photographer…
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