Law: Sindh Rented Premises Ordinance, 1979

Section: XVII,15

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Constitution of Pakistan, Art. 199---Limited scope of constitutional jurisdiction in rent matters---Ejectment application based on bona fide personal need of landlord / landlady---Eviction ordered by Rent Controller---Scope--Requirement for eviction under personal use---Establishing landlord's need is genuine and in good faith---Unshaken and consistent testimony of landlord sufficient to prove bona fide need---Payment of goodwill ("Pagri") not recognized as a defense under Sindh Rented Premises Ordinance, 1979---The petitioner (tenant) filed a constitutional petition under Art. 199 of the Constitution of Pakistan, 1973, challenging concurrent findings of two courts which ordered eviction on the ground of personal bona fide need---Respondent No. 1 (land lady) filed ejectment application under S. 15(2)(vii) of the Sindh Rented Premises Ordinance, 1979 for eviction of the petitioner from shop No. 1 claiming personal bona fide need for the use of her son---The petitioner claimed the eviction was based on mala fide intention and lacked genuine bona fide need---The key legal issue was whether Respondent No. 1 (land lady) required the premises for the bona fide personal use of her son---The Rent Controller allowed the eviction directing the petitioner to vacate the premises within 60 day---Petitioner filed appeal which was dismissed and aggrieved by the concurrent judgments, filed the present constitutional petition--Held: Section 15 of the Ordinance, 1979 empowered a landlord / landlady to seek eviction of tenant on the grounds mentioned therein including the ground of personal bona fide need for his / her own occupation or use or for the occupation or use of his spouse or any of his children---The only requirement in this provision for landlord / landlady was to show that he / she required the premises in good faith--The respondent No. 3 (land lady) in her rent application had specifically stated that the demised premises was required by her for the use and occupation of her son who also stepped in witness box and deposed in the same line as stated and deposed by his mother---If the statement of landlord /…