Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment of tenant---Personal bona fide need of landlord---Tenant to counter the application for ejectment had emphasized that since in the rent agreement, it was provided that the landlord would not file any ejectment proceedings against the tenant on the ground of personal use; landlord was precluded from filing ejectment application being bound by the terms of the said agreement---Validity---Landlord, no doubt was bound by the terms and conditions of the rent agreement entered by him with the tenant, but such construction of the deed would be presumed when the terms and conditions of the rent agreement, were not in conflict with the provisions of the law governing relations between the parties---Law recognized the right of the landlord to file ejectment application on personal bona fide use, which would not stand abridged just because a condition holding such right had been stipulated in the rent agreement signed by him---Such a condition in the rent agreement would not be considered having overriding effect over the very provisions of law regulating such agreements and the consequential relations between the parties---Contention of the tenant that the landlord was not competent to resort to ejectment proceedings against the tenant on the ground of personal bona fide use, was not sustainable---Evidence of the landlord that he was jobless and required the shop in question for his personal bona fide need, had not been rebutted---Said findings being based on proper appreciation of evidence, need not be interfered with---Order accordingly. PLD 1998 SC 190; 1997 MLD 3232; 1985 CLC 1997; 1997 MLD 2725; 1988 SCMR 819; 1989 SCMR 1366 and Shakeel Ahmed and another v. Muhammad Tarique Farogh and others 2010 SCMR 1925 ref. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, J.- Petitioner is tenant in respect of a Shop No. 1. C.S. No. D/2219 Resham Bazar, Hyderabad and respondent No.1 is the landlord. He filed a Rent Application No.244 of 2012 in respect of suit shop for ejectment against the petitioner on the ground of personal bona fide need. The petitioner filed objections thereon taking the the ground, among…

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