| Citation(s) |
|---|
| 2000 SLG 421 2000 SLD 421 2000 SCMR 1613 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.687-K of 1999, decision dated: 16-03-2000. (On appeal from the judgment of the Sindh High Court dated 25-8-1999 passed in F.R.A. No.709 of 1998)
NAZIM HUSSAIN SIDDIQUI AND RANA BHAGWAN DAS, JJ
Akhlaq Ahmad Siddiqui, Advocate for Petitioner. Nemo for
Respondent
Civil Petition for Leave to Appeal No.687-K of 1999, decision dated: 16-03-2000. (On appeal from the judgment of the Sindh High Court dated 25-8-1999 passed in F.R.A. No.709 of 1998)
NAZIM HUSSAIN SIDDIQUI AND RANA BHAGWAN DAS, JJ
Akhlaq Ahmad Siddiqui, Advocate for Petitioner. Nemo for
Respondent
MEHDI NASIR RIZVI
VS
MUHAMMAD USMAN SIDDIQUI
Law:
Section:
(a) Sindh. Rent Premises Ordinance (XVH of 1979)--S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Validity---Tenant was unable to point out any illegality in the findings of fact recorded by two Courts below which was founded on careful evaluation of the evidence and proper analysis of the circumstances appearing on the face of the record---Family of landlord consisted of ten members and accommodation at the disposal of landlord was found to be to insufficient and not suitable for accommodating such large family---Landlord and his brother were f4ced with a genuine and legitimate problem to get their own accommodation to ease the situation faced by them---Bona fide personal need of landlord having been established, order of ejectment of tenant was not interfered with by Supreme Court---Petition for leave to appeal was dismissed. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 13---Constitution of Pakistan (1973), Art. 23---Bona fide personal need of landlord---Proof---No circumstance was available on record to show that desire of landlord to use his own property was tainted with malice or any evil design---Landlord's statement on oath had not been seriously challenged and same being consistent with the case pleaded by him must have been accepted on its face value and given due weight--Conclusion drawn by Rent Controller to the effect that landlord's need was bonafide dislodged in the absence of any strong evidence to rebut the presumption of truth in the statement of landlord---Landlord had the absolute right to acquire and deal with the property in the manner best suited to him and tenant had no right to disentitle the landlord of his valuable right to acquire, deal. and possess his property which right was guaranteed by Art. 23 of the Constitution. ORDER RANA BHAGWAN DAS, J.---Leave to appeal is sought from the judgment dated 25-8-1999 rendered by learned Judge in Chambers of the Sindh High Court in F.R.A. No.709 of 1998 whereby he affirmed. the decision of the Rent Controller, Karachi East directing eviction of the petitioner from the house situated on Plot No.51 Block 2, Shah Faisal Colony, Karachi…
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