Case Details

Citation(s)
1996 SLG 4094 1996 SLD 4094 , 1996 PLD 508
Sindh High Court
First Rent Appeals Nos. 564 to 2577 and 579 of 1994, decided on 23rd November, 1995.
Presented By: Before Abdul Latif U. Qureshi, J
S.M. Saeed and Sainul Hasan. for Appellants. Mansurul Arfin for
Respondent.

SAFDAR BUTCHER --- Appellant

VERSUS

Khawaja PERVEZUDDIN BUTT --- Respondent

Law: Sindh Rented Premises Ordinance, 1979

Section: 15

  Sindh Rented Premises Ordinance (XVII of 1979)--- ---- S. 15(2) (vi) --- Ejectment of tenant on ground of reconstruction --- Landlord seeking ejectment of tenant on ground of reconstruction of premises in question though had not obtained approved plan from Competent Authority before filing ejectment application, but he had obtained that plan during pendency of ejectment proceedings---Approval of plan, even if obtained during pendency of proceedings, would be a valid approval and ejectment of tenant could be ordered on basis thereof ---Ejectment of tenant could even be ordered if once sanction was obtained, but period mentioned therein expired during pendency of ejectment proceedings as renewal of sanction was merely a formality and it was not reasonable for landlord to get sanction renewed every year. M/s. Pak Army Furnishing Stores v. Syed Ali Akbar Rizvi and 3 others PLD 1985 Kar. 201; Chaudhry Ghulam Muhammad v. Khalid Mehmood and 7 others PLD 1977 Lah. 1110; Rasheed Brothers Faisalabad v. Chaudhry Muhammad Anwar Khan 1981. SCMR 782 and Hashwani Sales Services Ltd. v. KBCA and 15 others PLD 1986 Kar. 393 ref. Sindh Rented Premises Ordinance (XVII of 1979)-- ---- S. 2(h) --- Conversion of a residential premises into a commercial one or vice versa --- No bar existed under Sindh Rented Premises Ordinance, 1979 for conversion of a residential premises into a commercial one or vice versa and permission of such conversion could be obtained from civil agencies. Mohiuddin Ahmed v. Mst. Noor Aisha Khatoon 1991 MLD 1054; Mst. Amtul Begum. v. Sarwar Qadri and 3 others 1991 CLC 1157; Abdul Malik v. Haji Ejaz Ahmed 1985 CLC 1546; Naseer Ahmed v. Mst. Kaneeza Fatima 1989 MLD 2273; S.A. Hafeez v. A.B. K. Hamidi 1990 MLD 1644 and Anis Ahmed and others v. HBL, Karachi 1992 CLC 1304 ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ---- S. 15(2)(vi) & (vii) --- Bona fide personal need of landlord --- Reconstruction of premises for personal bona fide need of landlord --- Landlord seeking ejectment of tenant on ground of reconstruction of premises in question for his personal need, had fully proved his bona fide need of constructing a bungalow for his…
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