Law: Sindh Rented Premises Ordinance, 1979

Section: 15

  Sindh Rented Premises Ordinance (XVII of 1979)-- ----S.15---Personal bona fide requirement---Landlady required the demised ground floor of the building being used for commercial purpose for personal requirement of her son, who wanted to start his own business---Landlady in possession of two residential units in the same building out of which one was lying vacant---Residential units on first, second and third floor not suitable for type of business which landlady's son wanted to carry out---Landlady being the owner of building, held, had got the choice and the tenant or the Rent Controller could not force her to use residential unit for business purpose--Privilege of landlord to take a decision how best he can use the property, whether by letting it out for monetary gains or by putting it to his own use ---Ejectment of tenant thus was upheld. Mushtaq Ahmad v. Mst. Mumtaz Zohra Rizvi P L D 1978 Kar. 188; Fa7al Karim v. Muhammad Usman 1981 C L C 1393 and Sycd Anis-ur-Rehman v. Mst. Saira Bai P L D 1995 Kar. 714 ref. Mst Saira Bai v. Syed Anis-ur-Rehman Civil Appeal No.119/K of 1986 and Mst. Tobeed Khanum v. Muhammad Shamshad 1980 S C M R 593 fol. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Personal bona fide requirement---Right to claim possession from a tenant would be regulated by the Court only to the extent to examine whether the request for possession was inspired with good faith or it was frivolous or mala fide---Sufficiency and insufficiency of accommodation is a matter of individual taste and discretion with which a Court can hardly interfere. Sindh Rented Premises Ordinance (XVII of 1979)-- ----S. 15--Personal bona fide requirement---Eviction on ground of---Element of hardship to a tenant cannot be imported while deciding an eviction application-- Law does not lay down any humanist approach---Court has to deal with hard facts and is supposed to decide the case on legal evidence alone. M.G. Dastgir for Appellant. Makhdoom Ali Khan for Respondent. Date of hearing: 21st August, 1989. JUDGMENT This appeal filed under section 21 of the Sind Rented Premises Ordinance, 1979, raises an interesting question with regard to requirement…