Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 21

Constitution of Pakistan (1973)---Art.185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.21 Civil Procedure Code (V of 1908), S.11--Ejectment--Bona fide personal requirement and default established--Challenge on ground that earlier proceedings for ejectment on basis of personal requirement had failed not sustained--Section 11, C.P.C. not being applicable--Requirement. urged in fresh petition based on different grounds--Supreme Court declined to interfere with exercise of discretion in such matters and refused leave to appeal. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 25th November, 1984 of the Sind High Court: whereby a Rent Appeal filed by the petitioners-tenants calling in question ejectment orders on ground of personal requirement and default, was dismissed. The point urged before the High Court regarding personal requirement was that in an earlier proceedings for eviction on this very ground the respondent had failed to establish his bona fide requirement, therefore, the second attempt in this behalf through the present proceedings was unlawful. The plea regarding default in payment of rent, as it appears from the grounds of appeal, was one of denial and assertion that the entire rent had been paid. The first plea was repelled by a learned Single Judge in the High Court by the observation that in the earlier proceedings "no evidence was brought and the order was ex parte" against the landlord. And further that "at no point of time the plea of the landlord for personal requirement was examined on merits except in these proceedings". On the merits of this plea it was- observed that the landlord had in these proceedings succeeded in establishing that he was living with his father and that his need for a separate residence was bona fide. And further that the learned counsel for the petitioner appearing in the High Court was unable to show "on what grounds this finding can be reversed" and that the only argument advanced by the .. learned counsel was "that a previous attempt on the part of the landlord to secure possession on the same plea did not succeed". Learned counsel when asked whether there is any provision…

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