Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 19(5)---Ejectment application by registered Society through its Secretary-General---Maintainability---Rent Controller had not framed issue as to maintainability of ejectment application---High Court decided to consider such issue as both parties had addressed same during course of arguments---Minutes of meeting and letter of authority from Society lying on record showed that Society had authorized its General Secretary to file ejectment proceedings in respect of rented premises---Secretary-General of Society, held, had power and authority to file rent case as well as depose thereto. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Bona fide personal need of landlord--Essentials--­Statement of landlord on oath would be taken to be true, unless displaced by cogent evidence and sufficient proof to the contrary---Landlord has to state material facts in ejectment application, which would prima facie show that his personal need was in accordance with law and was made in good faith--­Landlord is not required to state nature of business, which he intends to carry on in rented premises---Landlord has complete option to choose any one from several tenements occupied by tenants in order to avail of the ground of personal need and such discretion is not assailable except in rarest case of mala fides. S.M. Nooruddin v. Saga Printers 1998 SCMR 2119; F.K. Irani & Company v. Begum Feroz 1996 SCMR 1178; Saira Bai v. S. Anisur Rehman 1989 SCMR 1366 and Khawaja Imran Ahmed v. Noor Ahmad 1992 SCMR 1152 fol. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Bona fide personal need of landlord---Failure to cross­-examine attorney of landlord---Effect---Plea of landlord as to requirement of rented premises was for establishing a play ground and additional construction of school building---Such statement on oath by attorney of landlord had gone un-rebutted as Rent Controller after giving numerous chances to tenant for cross-examination had closed his side and had also dismissed his application for recalling such order---Landlord had made out a good case for…

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