Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15-A & 15(vii)---Constitution of Pakistan (1973), Art.199---Transfer of Property Act (IV of 1882), Ss.107 & 17---Registration Act (XVI of 1908), S.49---Constitutional jurisdiction of High Court--Scope---Bona fide personal need of landlady---Choice of landlady---Scope---Pagri---Lease in perpetuity---Applicability of Ss. 107 & 17 Transfer of Property Art, 1882 read with S. 49 Registration Act, 1908---Scope---Laches, principles of---Landlady filed ejectment petition regarding rented shop against tenant/ petitioner on ground of personal need of her son---Rent Controller ordered eviction of tenant on ground of personal need, which finding was maintained by lower Appellate Court---Tenant contended that he had paid `Pagri' amount to predecessor of landlady in the year 1968; that landlady was actually planning to dispose of rented shop; that landlady owned several other properties in the area and that vide tenancy agreement, a lease in perpetuity had been created in favour of tenant---Validity---Held, owner of property had absolute right to deal with her property in the manner she liked and no clog, disqualification or adverse inference was to be drawn in the context of denied suggestion that landlady was planning to sell the rented shop nor it was to be made a ground for refusal of ejectment on plea of personal need, for S.15-A of Sindh Rented Premises Ordinance, 1979 in such situation provided ample safeguard to interest of tenant in rented premises---No suggestions were made to landlady about vacation and availability of the other shops owned by her in adjacent area of rented shop---Even if landlady owned certain other shops at other locations, she was not required to decide the suitability of need of her son at the dictates of tenant or anybody else, as it was her absolute choice and prerogative---Payment of Pagri to predecessor of landlady was not a hindrance in or bar against seeking eviction of tenant under S.15(vii) of Sindh Rented Premises Ordinance, 1979---Claim of lease in perpetuity in respect of rented shop in favour of tenant was not to be accepted on the basis of tenancy agreement…

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