Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15 & 18---Constitution of Pakistan, Art. 185(3)---Ejectment petition---Transfer of ownership of demised premises to petitioner by his grandfather through gift--Denial of petitioner's title by respondent ¬tenant---Admission of respondent in written statement that after receiving notice under S. 18 of Sindh Rented Premises Ordinance, 1979, rent was tendered and paid to petitioner through money order---Admission of respondent in cross-examination that such notice found mention transfer of demised premises to petitioner through gift by its previous owner---Ejectment petition was accepted in circumstances. Allied Books Corporation, v. Sultan Ahmed 2006 SCMR 152 and Javeed Khaleeq v. Muhammad Irfan 2008 SCMR 28 distinguished. Abdul Qadir Khan, Advocate Supreme Court for Petitioner. ORDER Petition for leave to appeal has been filed aggrieved by the judgment dated 11-8-2009 in C.P. No. S-238 of 2009 passed by a learned Single Judge in Chamber of High Court of Sindh at Karachi. Brief facts of the case necessary for disposal of this petition are that the respondent No. 1 filed Rent Case No. 154 of 2003 in respect of Shop No. 3 on Ground Floor and Premises No. 1 on First Floor of Building No. 290-C, Central Commercial Area, R-1, Market, Tariq. Road, Karachi, (hereinafter referred to as the demised premises) on the ground that the demised premises are required by the respondent No.1 for his personal and bona fide use. After recording the evidence, the learned Rent Controller passed order of ejectment holding that the respondent No. 1 requires the demised premises for his personal bona fide use. Aggrieved and dissatisfied with the order of ejectment, the petitioner filed Appeal No. 70 of 2007 which was dismissed, upholding the order of the Rent Controller dated 31-3-2009. The petitioner impugned the orders of the Rent Controller and Appellate Court by filing a Constitution Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, being C.P. No. S-238 of 2009, in the High Court of Sindh Karachi. The learned Single Judge, in chambers, after hearing the learned counsel for the parties vide his…

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