Law: Sindh Rented Premises Ordinance, 1979

Section: 14

JUDGMENT

Rent Case No. 6541/80 was filed by the respondent/landlord, Ahmed Ibrahim Ameen against the appellant/tenant, A. Ghani Danawala. The Rent Application was filed under section 14 (1) of the 1979 Rent Ordinance. The premises in question is the house No. B-7, Dhoraji Colony, Karachi, which is in occupation of the appellant at a monthly rent of Rs. 250. It was mentioned in the Rent Application that earlier to the instant Rent Application, the respondent had filed a Rent Case No. 813/80 against the appellant on the ground of personal bona fide requirement and default and that the said Rent Case (admittedly filed under section 15 of the 1979 Ordinance) was pending before the Rent Controller. In the instant Rent Application filed before the Rent Controller on 13-11-1980, the respondent stated that during the pendency of the previous Rent Case, he realized that he was attaining the age of 60 years and was, therefore, entitled to the benefit under section 14 (1) of the 1979 Ordinance. In the circumstances, the respondent served a legal notice, dated 31-8-1980 upon the appellant under section 14. The appellant replied through his Advocate's letter dated 14-9-1980 denying the allegations made in the notice. It was further averred in the instant Rent Application that the respondent was going to attain the age of 60 years on 13-2-1981 and that the premises in ,question were required by the I respondent for his, use and for the use of his sons and that he did not own any other property in Karachi and that he was temporarily staying with his in-laws in a premises of two rooms accommodation which was not sufficient for his family. A. written statement was filed by the appellant on 2-12-1980, in which certain preliminary objections were taken which were that the property in question belonged to the wife of the respondent (Mst. Amino. Bai) who was the real owner and that there was no relationship of landlord and tenant between the parties as the property belonged to the wife of the respondent, and that as the property was situated in Dhoraji Colony, the same could not b6 transferred to or owned by persons not belonging to Dhoraji and the respondent did net bail from Dhoraji and as such the house in question could not be transferred to him. It was further pleaded that the respondent had purchased a bungalow for self occupation and as such the application was barred under section 14 (2) of the 1979 Ordinance. In the written statement the allegations on merits contained in the Rent Application were denied. On behalf of the respondents, he examined himself and his son Farooq Amin. Affidavit-in-evidence of one Muzhar Hussain was also filed on behalf of the respondent but as he was not tendered for cross-examination his evidence has not been taken into consideration by the Rent Controller. On behalf of the appellant, the appellant examined himself, Dr. A. Sattar and one Ali Muhammad, who was an ex-Secretary of Dhoraji Association, Karachi. The Rent Controller by his.