| Citation(s) |
|---|
| 2007 SLG 442 2007 SLD 442 2007 SCMR 46 |
Supreme Court of Pakistan
Civil Petition No.255-K of 2006, decision dated: 3rd July, 2006. (On appeal from the order, dated 19-4-2006 of the High Court of Sindh, Karachi in Constitutional Petition No.538 of 2005)
ABDUL HAMEED DOGAR AND SAIYED SAEED ASHHAD, JJ
Ghulam Qadir Jatoi, Advocate Supreme Court for Petitioner. Saleem Iqbal, Advocate Supreme Court and Akhlaq Ahmad Siddiqui, Advocate-on-Record for
Respondent. Nemo for
Respondents
Civil Petition No.255-K of 2006, decision dated: 3rd July, 2006. (On appeal from the order, dated 19-4-2006 of the High Court of Sindh, Karachi in Constitutional Petition No.538 of 2005)
ABDUL HAMEED DOGAR AND SAIYED SAEED ASHHAD, JJ
Ghulam Qadir Jatoi, Advocate Supreme Court for Petitioner. Saleem Iqbal, Advocate Supreme Court and Akhlaq Ahmad Siddiqui, Advocate-on-Record for
Respondent. Nemo for
Respondents
NIZAMUDDIN
VS
Mst. SIDDIQUE BEGUM and 2 others
Law: Sindh Rented Premises Ordinance (XVII of 1979)
Section: 15
Law: Constitution of Pakistan, 1973
Section: 185(3)
Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlady---Concurrent findings of fact given by Courts below---Effect---Landlady filed ejectment petition against tenant on ground that rented shop was required for her son for his personal bona fide need, as the latter (landlady's son) had been relieved from Bank service and he wanted to establish some business for livelihood of his mother and three sisters---Rent Controller allowed the petition and appeal filed thereagainst was dismissed by District Court---High Court in constitutional petition filed by tenant maintained findings of lower Courts---Tenant mainly contended that ground of personal bona fide need had not been proved by landlady inasmuch as she did not disclose nature of business to be run in the rented shop---Validity---In concurrent findings of fact recorded by Courts below it had been established beyond any shadow of doubt that shop in question was required for personal bona fide need of landlady's son who having been relieved from Bank service wanted to run his own business---Tenant failed to point out that concurrent findings of fact recorded by Courts below were result of misreading or non-reading of evidence or High Court, while affirming the same had committed any illegality calling for interference by Supreme Court---Petition for leave to appeal was dismissed. JUDGMENT ABDUL HAMEED DOGAR, J.---Petitioner seeks leave to appeal against the order, dated 19-4-2006 of a learned Judge in Chambers of the High Court of Sindh, Karachi, whereby Constitution Petition No.538 of 2005 filed by him was dismissed. 2. Briefly, stated the facts of the petition are that respondent Mst. Siddique Begum, with a view to seek ejectment of the petitioner from the two shops situated on Plot No.R.S.-2, Block No.2 Commercial Area, Shah Faisal Colony, Karachi, filed an application under section 15 of the Sindh Rented Premises Ordinance, 1979 before the VIth Rent Controller, Karachi East on the ground that the disputed property was required for her son, namely Muhammad Shahid for personal bona fide need. She further alleged that her…
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