Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Eviction petition---Willful default---Personal bona fide need---Scope---Testimony of the landlord not rebutted---Effect---Petitioner/tenant contended that rented premises was actually required for the son of landlord which was hardly ground for eviction---Respondent/landlord contended that tenant had made willful default in payment of monthly rent and landlord needed the premises in good faith---Validity---Sole testimony of the landlord was sufficient to establish personal bona fide need of the rented premises if the lanlord's statement on oath was consistent with the averments made in the eviction application---Sole testimony of the landlord when not rebutted in cross-examination, the burden on the part of landlord stood discharged---Tenant had failed to prove his case before both the Courts below on the said point of determination framed by the Rent Tribunal---Powers under constitutional jurisdiction were limited and confined only to ascertain whether the lower courts had flouted the statute or failed to follow the law relating thereto---No illegality or infirmity having been noticed in the impugned orders passed by both the Courts below---Constitutional petition was dismissed. Pakistan Institute of International Affairs v. Naveed Marchant and others 2012 SCMR 1498 and Nisar Ahmed Shaikh v. VIIth Additional District and Sessions Judge District South and others 2017 MLD 605 ref. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, J.--- In the captioned Petition, the Petitioner (tenant) has impugned Order and Judgment dated 16.11.2015 passed by learned Rent Controller-III, Karachi, Central in Rent Case No. 113 of 2013, whereby rent case filed by Respondent No.1 (landlord) is allowed. Petitioner assailed the said impugned Order in First Rent Appeal No. 10 of 2016, which was dismissed vide Order dated 05.10.2016 passed by learned Vth Additional District Judge, Karachi, Central. 2. Brief facts of the case are that Petitioner is tenant of shop No.10,5-A-11/1, Nazimabad No. 5, Karachi (hereinafter referred to as subject premises). In the month of March 2013, the Respondent No. 1 as owner of subject premises filed…

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