Law: Sindh Rented Premises Ordinance, 1979

Section: 15

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Eviction petition---Bona fide personal need---Scope---Tenant assailed order passed by Rent Controller whereby he was directed to handover the vacant possession of the demised premises---Validity---Eviction application of the landlady showed that she had specifically pleaded that the demised premises was required for her personal use as well as for the personal use of her sister who was unmarried at the relevant time---Claim of landlady could not be dislodged by the tenant---Landlady had successfully discharged her burden in proving her personal need whereafter the burden shifted upon the appellant, but he had failed to discharge the same---Impugned order did not require interference---Appeal was dismissed. Muhammad Ilyas Alvi v. Zafar Pasha 1982 CLC 1324 ref. Mrs. Noor Jehan Bi v. Muhammad Yousaf 2002 SCMR 1933; Dr. Abdul Hafeez v. Province of Punjab through the Secretary Education, Lahore and others PLD 1991 SC 165; Nisar Ahmad Khan v. Noor Muhammad Khan and 6 others 1990 SCMR 544; Dr. A. R. Khan v. Muhammad Ishaque 1972 SCMR 437; Mrs. Maryam A. Munif v. Mrs. Ghazal Bukhari through Attorney 2015 CLC 1786; Mehboob Alam v. Miss Tehseen Shafqat Khan and others PLD 2001 Kar. 238; Raja Shahbaz Khan v. Muhammad Fazal Kiani 1988 CLC 811 and Mrs. Nadira Farooqui v. District and Sessions Judge, Karachi South and another 1987 MLD 616 distinguished. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Eviction petition---Bona fide personal need---Scope---If the statement made on oath by the landlord is consistent with the averments made by him in his ejectment application and neither is his statement shaken nor is anything brought in evidence to contradict his statement, it would be sufficient for the grant of his ejectment application; all that the landlord was to show that he required the demised premises of a particular tenant for his personal use and the choice was his as to the suitability of the demised premises which he required for his personal use, and that his need is reasonable and bona fide; the landlord has the complete option to choose from any one of the several tenements…

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