| Citation(s) |
|---|
| 2002 SLG 2496 2002 SLD 2496 2002 PLD 108 |
Sindh High Court
First Rent Appeal No. 370 of 1997, decided on 6th September, 2001. DATE of hearing: 27th August, 2001
MUHAMMAD ASHRAF LEGHARI, J
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First Rent Appeal No. 370 of 1997, decided on 6th September, 2001. DATE of hearing: 27th August, 2001
MUHAMMAD ASHRAF LEGHARI, J
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Syed AHMED TAIMOUR BUKHARI--Applicant
VS
SHUJUR-REHMAN KHAN-
Law:
Section:
Cantonments Rent Restriction Act (XI of 1963)----- ----S. 17---Bona fide personal need of landlord---Landlord had two wives and their children and the premises was required for accommodation of his first wife and her children---Such fact had been specifically averred in the pleadings---Landlord had stated the fact on oath but he had not been cross-examined on that point and the veracity of landlord remained unshaken--Effect---Plea of personal bona fide need in good faith was proved beyond any doubt as the fact on oath was consistent with the contents of pleadings--Order of eviction passed by the Rent Controller did not suffer from any illegality and infirmity and the same was based on sound and logical reasoning---Where no misreading of misappreciation of evidence was seen on the record, High Court declined to interfere with the order passed by Rent Controller. S.M. Nooruddin and others v. Saga Printers 1998 SCMR 2119; Wasim Ahmed Adenwala v. Shaikh Karimriaz 1996 SCMR 1055, Messrs F.K. Irani & Co. .v. Begum Feroze 1996 SCMR 1178; National Development Finance Corporation, Shahrah-e-Quaid-e-Azam Lahore v. Shaikh Naseemuddin and 4 others P L D 1997 SC 567; Messrs Chaudhri Wire Rope Industries (Pvt.) Limited, Muridke through General Manager v. Secretary to the Government of the Punjab and Rural Development Department, Lahore and others 1994 CLC 1060; Abdul Wahid Lehri v. Arbad Mir Nawas and others 1997 SCMR 1789; Muhammad Khurshid v. Wazirzada and others 1986 SCMR 181; Mrs. Abdul Hamid Khan v. Shamsul Hassan 1988 CLC 2294; Sardar Khan v. Riaz Ahmed and others 1986 SCMR 1981; Mrs. Rukaya Sultana v. Mrs. Zaree Zafar 1996 CLC 1060; Messrs Eveready Picture Ltd. v. Chaman Begum PLD 1982 Kar. 770, Haroon Qasim and another v. Azam Suleman Madha PLD 1990 SC 394 and Habib v. Abdul Ghani 1993 MLD 396 ref. JUDGMENT The appellant through this First Rent Appeal has assailed the order dated 6-11-1997 passed by Additional Controller of Rent Clifton Cantonment, Karachi in Rent Case No. 10 of 1994 whereby he allowed the ejectment application filed by the respondent Shuja-ur-Rehman Khan. The appellant was thereby directed to hand over the vacant possession of demised…
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