Case Details

Citation(s)
2010 SLG 2739 2010 SLD 2739 = 2010 MLD 665
Sindh High Court

Presented By:

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)------- S. 15(2)(vii)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Landlord had contended that he was jobless and had no other place to establish his own business---Tenants during pendency of proceedings had pointed out that the landlord in the same building had come in possession of two vacant shops, without first establishing the fact that said two shops in his possession were neither suitable nor sufficient for his need, landlord thus could not have been granted eviction of tenants---Validity---Without giving any explanation as to why the premises already in possession of the landlord were not sufficient or suitable to meet his personal requirement, the personal need could not be regarded as bona fide---Fact that the landlord had come in possession of two shops during pendency of proceedings, it was rightly held by the Appellate Court that no case for bona fide personal need was made out. S.M. Nooruddin and 9 others v. Saga Printers 1998 SCMR 2119; Qamruddin through his Legal Heirs v. Hakim Mahmood Khan 1988 SCMR 819; Iqbal Book Depot and others v. Khatib Ahmed and 6 others 2001 SCMR 1197; Saghiruddin v. Muhammad Qasim and 6 others 1994 MLD 487; Muhammad Saleem Qureshi v. M. Mohsin Butt 1996 CLC 381 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)------- Ss. 15(2)(iii)(c) & 15(2)(iv)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Impairing material value or utility of premises by making additions and alterations-- Landlord sought ejectment of tenant on the ground that tenant by making additions and alterations in the premises in question had impaired its material value and utility--- "Additions "--- "Alteration "---Connotation---Under terms of settlement arrived at between the parties during earlier round of litigation, it was stipulated that the landlord would not make any addition or alteration in the premises without the written permission of the landlord-'Addition' would mean to add a new structure to the existing structure that was originally rented out-- Nature of any…
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