| Citation(s) |
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| 2026 SLG 1510 2026 SLD 1510 = 1980 PLD 409 |
Presented By:
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Section:
Citation(s) 1980 SLD 2204 = 1980 PLD 409 Sindh High Court Second Appeal No. 19 of 1974, decided on 15th March, 1980. Before Zaffar Hussain Mirza, J Abdul Matin for Appellant. Jhamatmal for Respondents. MUHAMMAD BASHIR-Appellant VERSUS VENSIMAL AND 4 others-Respondents Law:Nest Pakistan Urban Rent Restriction Ordinance (VI of 1959) Section:13 (3)(b) JUDGMENT The controversy in this case relates to House No. B/30-1533 at Hyderabad which was transferred to the appellant under settlement law vide P. T. O. dated 9-9-60 and the respondents are the statutory tenants therein. After the protection period the appellant moved the Rent Controller for possession of the premises and by his order dated 21-1-1972 the Rent Controller ordered the eviction of the respondents on the sole ground that the premises were required by the appellant for his and his family's personal use. On appeal, however, the learned Additional District Judge, Hyderabad reversed the order and dismissed the application of the appellant vide his judgment dated 19-376. Appellant seeks to challenge the said judgment in the present second appeal. It is not disputed that the appellant has no other house of his own and thatat the time of application for eviction he was putting up along with his family in the house of his son Chiraghuddin at Latifabad. The evidence of the appellant before the Rent Controller discloses that the appellant has, besides Chiraghuddin (who is married having grown-up children) one wife, four sons and two unmarried daughters. Out of these 4 sons one is in England, one is unmarried and is a student and the rest are married having children. His entire family excluding that of Chiraghuddin consists of 28 members. The learned Additional District Judge reversed the finding recorded by theRent Controller on two grounds. Firstly that the appellant did not disclose his present address in the ejectment application perhaps because he wanted to conceal from the Court that he was living in an "A" type Bungalow which has better accommodation than the premises in question consisting of two rooms only. From this the learned Judge inferred that the appellant had not come with clean…