Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Civil Procedure Code (V of 1908), S. 11---Ejectment petition---Personal bona fide need of landlord---Dismissal of first ejectment petition for non prosecution or as withdrawn after increase in rent---Filing of second ejectment petition on such ground on arising of new/fresh situation after five years of dismissal of first ejectment petition---Principle of res judicata would not attract to such second petition. Abdul Mehdi v. Mrs. Abdul Hakim 1990 MLD 2182 and Sh. Maula Bakhsh and another v. Fazal Din and another PLD 1982 SC 201 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Ejectment petition---Personal bona fide need of landlady---Landlady living in, U.S.A. pleaded that she wanted to return to Pakistan and occupy her own house; and that whenever she with her family came to Pakistan during summer or winter vacations, they were forced to live in the house of her father---Validity---Tenant had no right to fix schedule of landlady as at what time her coming to Pakistan and living in demised premises would be favourable for her---Tenant had no right to claim that in first phase landlady should abandon her house in America and come to Pakistan languish here and there and then prosecute case of eviction against him---If landlady did not come to Pakistan to permanently settle here, even then she could not be deprived of intermittently using of demised premises on her regular visits to Pakistan---Sindh Rent Premises Ordinance, 1979 or its S. 15 was not exclusively designed for landlords' living in Pakistan permanently---As admitted by tenant, demised premises was the only accommodation available with landlady in Pakistan---In absence of evidence of tenant to the effect that political situation in USA for Muslim immigrants was favourable for them, statement of landlady corroborated by her father about her personal need could not be doubted---Ejectment petition was accepted in circumstances. Mst. Ahmedunnisa and others v. Mst. Parveen Siraj 1985 SCMR 2012 ref. Chambers 21st Century Dictionary; Munir Ahmed Naulakha and others v. Ch. Muhammad Din and others PLD 2006 SC 422; Javed…

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