| Citation(s) |
|---|
| 2018 SLG 1486 2018 SLD 1486 2018 YLR 1284 |
Sindh High Court
C.Ps. Nos. S-160, S-318, S-319, S-320, S-321 and S-399 of 2012, decision Dated: 08-01-2018. Hearing Date : 05-12-2017.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE
Mian Mushtaq Ahmed for Petitioners (in C.Ps. Nos. S-318, S-319 and S-321 of 2012). Atique-ur-Rahman Khan for Petitioner (in C.P. No.S-399 of 2012). Usman Tufail Shaikh for Petitioner (in C.P. No.S-160 of 2012). Muhammad Haseeb Jamali for
Respondent (in
C.Ps. Nos. S-160, S-318, S-319, S-320, S-321 and S-399 of 2012, decision Dated: 08-01-2018. Hearing Date : 05-12-2017.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE
Mian Mushtaq Ahmed for Petitioners (in C.Ps. Nos. S-318, S-319 and S-321 of 2012). Atique-ur-Rahman Khan for Petitioner (in C.P. No.S-399 of 2012). Usman Tufail Shaikh for Petitioner (in C.P. No.S-160 of 2012). Muhammad Haseeb Jamali for
Respondent (in
MUHAMMAD YOUNUS AND OTHERS
VS
ADDITIONAL DISTRICT JUDGE (VII), KARACHI (SOUTH) AND OTHERS
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15--- Ejectment application---Commercial premises---Bona fide personal need of landlord---Scope---Prerogative of landlord to supplement portion(s) of rented premises--- Scope--- Petitioners/ tenants contended that landlords were continually evicting the tenants of subject property at their will and whim and ground floor alone of multi-storeyed subject premises was sufficient to run their small scale industry---Landlords/ company contended that as ground floor had no frontage so whole subject building was needed for viable functioning of their company---Validity---Admittedly, subject property was commercial premises so bona fide need of the landlords for such property was to be seen on the touchstone of test different from that of residential rented premises---Record revealed that landlords in the evidence of one ejectment proceedings stated that their initially occupied ground floor had no frontage but in the cross-examination of proceedings of other ejectment petition, main gate as entrance on the rear side of ground floor was admitted---When the prerogative of landlords was left to their desire when the ground floor was acquired, in order to acquire more space some confidence inspiring evidence was required---Prerogative, choice and whims could not be the only tool left to judge the bona fides of the landlords at later attempts when they failed to explain insufficiency of earlier portion---Landlords made no attempt to show any progress of their company which was hampered due to mere insufficiency of space---Memorandum and Articles of Association of the company/landlords was silent as to running of factory as its object---High Court observed that there were no aims and objects of the company enabling the landlords to evict tenants for the purpose of establishing industrial unit " for its own"---Bona fides, in circumstances, became missing ingredient to evict tenants on the ground of personal requirement---High Court set aside impugned s passed by the two Courts below, resultantly the ejectment applications were dismissed---Constitutional petitions were allowed accordingly. Allies Book Corporation v.…
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