Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)------S. 15(2)(vii)---Bona fide personal need of landlord---Statement of landlord on oath if found consistent with the averments made in the ejectment application in respect of personal bona fide requirement which neither had been shaken nor satisfactorily contradicted, had to be accepted---Personal requirement of landlord in the present case having been proved to be in good faith, it could not be said that landlord was requiring shop in question mala fide. Akhtar Qureshi v. Nisar Ahmed 2000 SCMR 1292; Iqbal Book Depot and others v. Khatib Ahmed and 6 others 2001 SCMR 1197; Zarina Ayaz v. Khadim Ali Shah 2003 SCMR 1398 and Muhammad Aslam and others v. Haneef Abdullah and Brothers 2003 SCMR 1667 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Constitutional jurisdiction could not be exercised to protect wrong doers--­Discretionary jurisdiction of High Court of Art. 199 of the Constitution, was meant to rectify the illegalities and to curb mischief in order to do justice---Constitutional jurisdiction neither could be allowed to be used as a cloak to perpetuate injustice nor could High Court be rendered as an instrument of oppression. Rafique Ahmed for Petitioners. Mirza Hyder Abbas for Respondent No.3. Date of hearing: 6th November, 2003. ORDER This petition is directed against the order, dated 15-9-2003 passed by learned Vth Additional District Judge, Hyderabad in F.R.A. No.375 of 2001. Under this order learned Appellate Court allowed the appeal filed by respondent No.3 with costs, set aside the order passed by learned Rent Controller in Rent Application No.72 of 2000 and directed the petitioners to vacate the premises within thirty days. 2. Precisely, facts of the case are that respondent No.3 is owner of Shop No.5 constructed on C.S. No.C/277 Chittal Chari, Khata Chowk, Hyderabad by virtue of sale-deed MF Roll No.76 of 6-4-1995. As per contents of the rent application said shop was rented out to petitioner No. 1, who sublet the same to petitioner No. 2. The petitioner No. 1 is also alleged to have committed default in payment of rent and that the shop was…

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