Law: Sindh Rented Premises Ordinance, 1979

Section: 14

Sindh Rented Premises Ordinance (XvTI of 1979)--- ---S.14---Age, proof of---Landlord sought ejectment of tenant on ground that he had attained the age of sixty and was jobless and wanted the shop for his livelihood--No suggestion made to landlord during cross-examination that he was below the age of sixty---National Identity Card clearly mentioned that landlord was fifty years old in 1974 at the time when it was issued---Tenant and his witness in cross-examination admitted landlord to be of seventy years of age--Electoral lists showing landlord to be of sixty-five years old---Such evidence, held, was sufficient to prove that landlord was over the age of sixty. Muzaffar Ali v. Tauqeer Alam and others P L D 1983 Kar. 445 fol. Shamsa Khatoon v. Anwar Ali 1984 C L C 2291 and Dr. Roshan v. Mst. Razia Khatoon 1984 C L C 2143 ref.   Affidavit--- --- Non-appearance of deponent before Oath Commissioner or before anybody for statement on Oath makes the affidavit inadmissible in evidence as such affidavit was not attested in a proper way.   Sindh Rented Premises Ordinance mm of 1979)--- ----S.14---Landlord more than sixty years of age resided on the first floor of building in which the demised shop existed---Nothing on record was available to show that landlord owned any other shop like the shop in litigation---Tenant also failed to prove that landlord owned any other shop--Landlord, held, was entitled to possession of shop for his use in circumstances. Syed lzhar Haider Rizvi for Appellant. A.F.M. Mokarim for Respondent. Date of hearing: 6th August, 1989.   JUDGMENT Appellant Mohammad Bashir has called in question dismissal of his Rent Case No.980/86 on 22-1-1987 by the Vlth Senior Civil Judge and Rent Controller Karachi West. Admittedly, respondent Moinduddin is tenant of the appellant in premises No.3/195, Commercial Area, Liaquatabad, Karachi at the monthly rent of Rs. 325 excluding other charges. Appellant moved said rent case under Section 14 of the Sind Rented Premises Ordinance (hereinafter referred to as the Ordinance) for eviction of the respondent from the said premises on the main ground that the appellant had crossed the age of 60 years and he…