| Citation(s) |
|---|
| 2008 SLG 839 2008 SLD 839 2008 CLC 1071 |
Sindh High Court
Constitutional Petition No.240 of 2005, decision dated: 30-04-2008
ARSHAD NOOR KHAN, J
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Constitutional Petition No.240 of 2005, decision dated: 30-04-2008
ARSHAD NOOR KHAN, J
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KHUDA BUX through L.Rs.s
VS
MUHAMMAD IQBAL and 2 others
Law: Constitution of Pakistan, 1973
Section: 199
Law: Constitution of Pakistan, 1973
Section: 199
Law: Qanun-e-Shahadat (10 of 1984)
Section: 133
(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 13---Qanun-e-Shahadat (10 of 1984), Art.133---Ejectment of tenant was sought on the ground of bona fide personal need of landlord and allegation of impairing the value and utility of property by the tenant---Assertion made by witness in examination-in-chief having not been controverted or challenged in cross-examination, would be deemed to have been accepted by the opposite party, in view of Art.133, Qanun-e-Shahadat, 1984. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---Bona fide personal need of landlord and allegation of impairing the utility and value of premises by tenant---Shop in possession of the tenant admittedly was rented out to tenant in the year 1980 for manufacturing the sweets, as such the intention of landlord was to rent out the shop for the purpose of preparing the sweets by the tenant and for such purpose, naturally sui gas burners were to be used by the tenant---Apart from the said use of burners, no evidence had been brought on record to prove the major impairment of utility and value of the shop in question---Sufficient evidence, in circumstances, was not available on record to grant the ejectment of the tenant on that score and findings of the lower Court were reversed by the High Court---Constitutional petition by the tenant was dismissed in circumstances. Mehmood Hassan for Petitioners. Badrul Alam for Respondent No.1. ORDER ARSHAD NOOR KHAN, J.-- By this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has challenged the legality, validity and propriety of the judgment dated 14-4-2005 passed by Mr. Muhammad Zarif Qureshi, learned II-Additional District Judge, Central, Karachi in First Rent Appeal No.210 of 2004 Muhammad Iqbal v. Khuda Bux whereby the appeal filed by respondent No.1 was allowed and the judgment passed by the learned VI-Senior Civil Judge, and Rent Controller, Karachi Central, dated 4-10-2004, whereby the rent application filed by respondent No, l was dismissed, has been allowed and the petitioner has been…
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