Case Details

Citation(s)
2017 SLG 1953 2017 SLD 1953 2017 CLC 676
Sindh High Court
C.P. No. S-150 and C.M.A. No. 661 of 2012, decision Date : 19-04-2016
ABDUL RASOOL MEMON, JUSTICE
Mrs. Sarwar Jahan for Petitioner. Ghulam Abbas Pishori for
Respondent No.1.

MOHD. YAHYA MOHD. YOUSUF BARI

VS

ROOMANA YOUSUF ALI & 2 OTHERS

Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment of tenant---Personal bona fide need of landlady---Scope---Landlady, in order to prove bona fide of her personal need was not required to establish that she was not doing any business---Neither tenant nor the Rent Controller had any option to choose or select the premises for starting the business by landlady at any particular place---Choice of selecting the premises was prerogative and discretion of landlady---Tenants were directed to handover the vacant possession of demised premises to the landlady within a period of four months subject to payment of usual rent and other charges---Constitutional petition was dismissed in circumstances. Muhammad Shafi v. Muhammad Adam Khan 1983 CLC 2657; Muhammad Yousaf v. District Judge 1987 SCMR 307; Muhammad Ilyas v. Mst. Khursheed Begum 1989 CLC 506; Ahmad v. Khair Muhammad 1992 CLC 2504; Farkhunda Jawaid v. IInd Additional District Judge 2008 CLC 362 and Almas Khan v. Bano PLD 2009 Kar. 268 ref. Muhammad Abdullah v. Sughra Begum 1988 CLC 2078; Fasahat Ali v. Noor Jehan Begum 1991 CLC 1902; Pak. Food Manufacturers v. Sadiq Ishaque 1992 CLC 482; United Bank Ltd. v. Abdul Razzak & Co. 1993 MLD 2575; Sardar Nabeel Wali v. Addl. District Judge PLD 2000 SC 829; Ghulam Muhammad Khan v. Muhammad Khalid 2000 CLC 764 and Allies Book Corporation v. Sultan Ahmad 2006 SCMR 152 distinguished. Pakistan Institute of International Affairs v. Naveed Merchant 2012 SCMR 1498 rel. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---.--- By way of above Petition, the petitioner has challenged the order dated 21.12.2011 passed by learned III-Additional District Judge, Karachi (West) in First Rent Appeal No.87 of 2010, whereby an appeal filed by the respondent No.1 against the order dated 30.10.2010 passed by 1st Senior Civil Judge/ Rent Controller, Karachi (West) was allowed and petitioner was directed to vacate the demised premises viz. House No.D-78 situated in SITE Karachi within a period of 60 days from the date of impugned order. 2. Facts of this case gleaned from record, briefly stated, are that respondent No.1 filed an application under Section 15(2)(iii)(a) and…
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