1. ' WAJIHUDDIN AHMED, J.--Impugned in this petition is an order dated r6-2-1998, passed by the High Court of Sindh in F.R.A. No,275 of 1997. In the result, the F.R.A. Was allowed and the order of eviction, passed by the Controller on the ground of personal need of the petitioner, was reversed.
2. The petitioner is an unmarried lady and wants to live separately in her own flat situated in Maymar Square, Gulshan-e-Iqbal, Karachi, the tenant-hold in these proceedings. She says that her present joint family accommodation is inconvenient and uncomfortable because of her strained relations with her sister-in-law. It is no doubt unconventional for an unmarried young lady to live separately according to the usual traits in our society, but the learned Judge in the High Court seems to have overlooked the fact that an independent accommodation is often provided in this very society to daughters proposed to be given in marriage and such may operate as an incentive for getting a proper match. This precisely has been argued by the learned counsel for the petitioner. Even otherwise, the law is to be interpreted dynamically and a move forward in the society is not to be discouraged. If the petitioner, who is grown up and unmarried, desires to live independently, something for which the tenets of Islam do not spell prohibition, is it for the Courts to question the motive? Here, the fundamental guarantee of equal treatment before law under Article 25 (suspended but open for examination) of the Constitution may also intervene and what a male counterpart in such circumstances may not be denied, should not, in all probability, be withheld from a female.
3. ' The above are questions which require consideration. Leave is granted.