Law: Constitution of Pakistan, 1973

Section: 185(3)

Sind Rented Premises Ordinance (XV11 of 1979)--Ss. 15 & 21--Constitution of Pakistan (1973), Art. 185(3)--Personal bona fide requirement--Shop--Evidence on record revealing that son of landlord was jobless who intended to do business along with his father in shop in question-­Landlord wanted to do tailoring business in shop for which huge funds were not required to commence with--High Court reappraising entire evidence and giving plausible reasons for allowing application of landlord for ejectment on said ground--No further point of law existing in case for examination--Leave to appeal refused. Syed Inayat Ali, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record for Petitioners Nemo for Respondent. . Date of hearing: 12th September, 1988. JUDGMENT SHAFIUR RAHMAN, J.--The Petitioners, tenants of a shop in Ratodero, Larkana, seek leave to appeal against the judgment of the High Court of Sind dated 13-4-1987 whereby the appeal of the landlord was allowed and their ejectment was order from the shop and they were directed to vacate the premises by 31-8-1987. The ejectment application in this case was filed in August, 1982, seeking ejectment of the tenants on the ground that the landlord wanted to do his own business along with his son who was jobless. The tenants contested the fact that the landlord owned no other shop, that his son was jobless or that he needed the shop for his personal business. Evidence was led, but the learned Rent Controller rejected the application for the reasons appearing as hereunder:-- "Though it is stated by the applicant in his affidavit that his son Ramzan is jobless, but he has not produced the affidavit of Ramzan to support of his contention. The applicant has also failed to bring any evidence on record that he has also raised sufficient funds to do any business in the shop in question and in absence of such evidence the contention of the applicant is not believeable and it appears the plea of personal bona fide use has been raised only for the purpose of the ejectment of the opponent from the shop in question. It is also admitted by the-applicant in his cross-examination Ex. 23 that previously the applicant had also…

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