2020 MLD 7 Sindh
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Ejectment of tenant—Bona fide personal need of landlord—Proof—Rent Controller passed order for eviction of tenant on the ground of bona fide personal need of landlord but Appellate Court set aside the said order—Validity—Landlord had right to acquire and deal with the property in the manner best suited to him—Tenant had no right to disentitle the landlord of his right to acquire, deal and possess his property which right was otherwise guaranteed by Art. 23 of the Constitution—Landlord in eviction matters was only required to establish that his requirement was reasonable and same did not appear to be mala fide one—Initial burden in such eventuality would stand discharged when landlord having stepped into witness box reiterated on oath the reasonableness for such occupation—Such deposition of landlord would carry presumption of truth and strong evidence would be required to rebut the same—Landlord was only required to establish reasonableness of his need of demised premises for his and his family occupation—Landlord had reiterated the pleaded circumstances on oath which were not rebutted by the tenant—Findings recorded by the Appellate Court were not sustainable, in circumstances—Impugned order passed by the Appellate Court was set aside and that of Rent Controller was restored—Constitutional petition was allowed, in circumstances.
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