1599/2017 Const. P. Muhammad Asif S/o Rasheed Ahmed (Petitioner) V/S Mst. Nasreen Bano & Others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
1599/2017 Const. P. Muhammad Asif S/o Rasheed Ahmed (Petitioner) V/S Mst. Nasreen Bano & Others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 24-MAY-18
as the case of personal requirement is concerned, there is nothing to challenge the personal bona fide need of the landlord. The defence that has now taken, at this stage, is that the premises are never owned by the respondent as it is the land of KMC and the respondent has no title. Even this defence as of now, is not available to the petitioner since the definition of landlord included the respondent who was receiving rent on the basis of rent agreement at the relevant time, which is named as Goodwill Agreement. The only relationship that could said to be in existence in pursuance of such agreement is of a landlady and tenant. In case the petitioner intends to challenge the title of the respondent, he could have handed-over the possession of the premises to the landlady first and then may challenge the title of the landlady if permissible under the law. Advocates: Advocate General Sindh(ADVO-GEN-SBC-KHI),Babar Ali(ADVO-11895-SBC-KHI),Syed Amir Shah(ADVO-12175-SBC-KHW)