Application for ejectment

Where the landlord reconstructed the new building at site, a tenant had been provided right of re-induction in the building

Tenant could not claim his induction in another shop in lieu of the demised premises, thus, to establish this right tenant was required to first surrender the demised premises and then wait till the completion of new building for making prayer before the Rent Controller.

Contention of the petitioners/tenants was that landlord be directed to deliver possession of a vacant shop in the said plot in lieu of demised premises till finalization of reconstruction over the plot in question

Validity

For availing the benefit of clause (vi) of section 15(2) of the Sindh Rented Premises Ordinance, 1979, the satisfaction of the Rent Controller was required only to the extent that landlord required such building for reconstruction and had obtained necessary sanction for reconstruction or erection of new building at the site from the competent authority at the relevant time

Respondent/landlord in ejectment application had specifically pleaded that the demised premises was required bonafidely for reconstruction and the proposed building plan for reconstruction of building had been approved and such approval had been obtained from the competent authority

Respondent/landlord had complied with the requirements for seeking eviction of the petitioners/tenants from demised shops and there was nothing on record to establish mala fide on their part

Claim of tenants/petitioners that they may be accommodated by the respondent/landlord by putting them in possession of another shop owned by him before vacating the demised premises was untenable

Constitutional petition was dismissed.