576/2011 Const. P. Muhammad Nadeem & Ors (Petitioner) V/S Vth Addl: District Judge Karachi & Ors (Respondent)

576/2011 Const. P. Muhammad Nadeem & Ors (Petitioner) V/S Vth Addl: District Judge Karachi & Ors (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 30-OCT-17

The bona fide of the applicants/petitioners in view of above evidence cannot be challenged on the ground that Shop No.2 was vacated at some point of time and the premises is in possession of the attorney of the applicants. The father of the applicants, in fact is doing his business under the name and style of Akhtar & Sons. The judgments, as relied upon by the respondents counsel are not applicable to the facts and circumstances of the instant case as the respondent has failed to establish that it was lying vacant before filing of the ejectment application. -----As far as dishonesty or non-existence of good-faith is concerned, the burden was upon respondent to show that good faith is missing or that the tenant vacated Shop No.2 prior to filing of the ejectment application and hence it was required to be disclosed as to nonsuitability of Shop No.2. It is clearly stated in the cross-examination that the attorney of applicants, who is also their father, is conducting business in the name and style of Akhtar & Sons. The respondent has not cross examined about the genuine need of attorneys son Muhammad Nadeem/petitioner No.1 as he has also denied that Shop No.2 is vacant in the building. It is the cumulative effect of evidence of the parties, which is to be looked into. Advocates: Zahid Iqbal(ADVO-4262-SBC-KHI),Abdul Wajid Wyne(ADVO-2246-SBC-KHI)