Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.21-­Ejectment--Personal need of son of landlord--Leave to appeal granted by Supreme Court where evidence on record required re-examination in view of shady statements by landlord and his son. Ali Akbar, Advocate-on-Record for Petitioner. A. K . M. Idris and Faizanul Haq, Advocate-on-Record for Respondent. Date of hearing: 9th December, 1984. ORDER MIAN BURHANUDDIN KHAN, J .-- Leave is sought by this petition to appeal against the judgment and order of the Sind High Court, dated 29-3-1984 passed in 1st Rent Appeal No. 583 of 1981, on the ground that the respondent had filed three applications for ejectment of tenants from three shops out of ten shops belonging to him on the ground of personal need of his son; and that the respondent, by making false and contradictory statements got ejectments orders in all three cases; that it was admitted by the respondent and his son that Shop No. 6 was given on rent during the pendency of the case and the respondent tried to cover up this fact by alleging that the same was forcibly occupied, even if it was so, the burden was on the respondent to prove this fact; that it is proved on record that the son of the respondent was employed in the Sind Secretariat and is, therefore, not free to enter into business, and as this fact has not been denied, the respondent was, therefore, disentitled to seek ejectment on this ground as well. 2. Relevant facts stated in the petition, are briefly that the petitioner is in occupation of Shop No. 9, Afzal Market, Masan Road, Karachi. The respondent instituted an ejectment case bearing No. 3024 of 1978 against the petitioner in the Court of the learned VIIIth Senior Civil Judge and Rent Controller on the grounds of default, subletting and personal need…

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