Case Details

Citation(s)
2015 SLG 1934 2015 SLD 1934 2015 PLD 464
Sindh High Court
Constitutional Petition No. S-249 of 2014, decided on 6th March, 2015. DATE of hearing: 16th February, 2015.
SHAHNAWAZ TARIQ, J
Mustafa Lakhani for Petitioner. Syed Fazal-ur-Rehman for
Respondent

ABDULLAH HAROON

VS

VTH ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH and others

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal need of landlord---Proof---Statement of landlord on oath if consistent with the application for ejectment and not shaken in cross-examination or disproved in rebuttal is sufficient to prove that requirement of landlord is bona fide. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal need of landlord---Prerogative of landlord to establish his own business in any particular area as per his choice and convenience and such need of landlord could not be declined on whim and wish of tenant. Messrs F.K. Irani and Co. v. Begum Feroz 1996 SCMR 1178 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal need of landlord---Capacity of landlord to undertake business---Proof---No legal requirement existed to the effect that landlord must disclose nature of intended business or that he must possess experience in intended trade or business. Juma Sher v.Sabz Ali 1997 SCMR 1062 and Mst. Sahira Bibi v. Syed Anees-ur-Rehman 1998 SCMR 71 rel. (d) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal need of landlord---Petition by landlord being co-sharer---Status---Any of co-sharer can file ejectment proceedings against a tenant without impleading other co-sharers, wisdom behind such principle being that co-sharer acts on behalf of and represents interests of all co-sharers. Muhammad Hanif and another v. Muhammad Jameel Turk and 5 others 2002 SCMR 429 rel. (e) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal need of landlord---Period of tenancy---Effect---Landlord has to establish his personal need for requirement of suit property bona fide and long period of tenancy would not override such ground on plea that business of tenant has been flourishing. ORDER SHAHNAWAZ TARIQ, J.---Through the captioned Constitution petition, petitioner has invoked the constitutional jurisdiction of this Court under Article 199 of Islamic Republic of Pakistan 1973, and agitated the Judgment dated 29-1-2014, passed by the learned Vth-Additional District Judge, Karachi South, in first rent…
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