| Citation(s) |
|---|
| 1992 SLG 859 1992 SLD 859 = 1992 SCMR 2391 |
Civil Appeal No.6-K of 1992, decided on 26th May, 1992.
Ajmal Mian, Sajjad Ali Shah and Saleem Akhtar, JJ
M.A.H. SIDDIQUI---Appellant
VERSUS
Sh. FAZLUR REHMAN and others---Respondents
Law:
Section:
SALEEM AKHTAR, J.---This appeal, with the leave of the Court,. challenges the judgment passed by the learned Judge in Chamber of the High Court of Sindh whereby the F.R.A. filed by the appellant was dismissed and the order of . the Controller granting ejectment on ground of personal requirement was confirmed while the finding of the Controller on the ground of default was set aside.
2. The respondents had filed a case for ejectment in respect of a portion of tenement No.G-1 on Plot No.R-2/33, situated at Sir Agha Khan Soyem Road, Karachi on ground of default and bona fide requirement in good faith for their own business which is being run under the name and style of Snowhite in a portion of the building. The appellant contested the said case and filed written statement denying that any default has been committed or that the premises is bona fide required in good faith. It was, pleaded that the respondents have more than sufficient accommodation for its . occupation. Besides they have also obtained possession from EBCO and as such they are not entitled to continue' the present ejectment proceeding. It was further pleaded that the respondents have demolished the portion of the property and started making construction thereon. In such circumstances, according to the appellant, the ejectment application was filed to harass him. The same facts were reiterated in the