| Citation(s) |
|---|
| 1990 SLD 509 = 1990 CLC 904 |
Sindh High Court
First Rent Appeal No. 1088 of 1986, decided on 7th December 1989.
Presented By: Before Salahuddin Mirza, J
Khalid Dawood Pota for Appellant. Khursheed Anwar Shaikh for
Respondent.
First Rent Appeal No. 1088 of 1986, decided on 7th December 1989.
Presented By: Before Salahuddin Mirza, J
Khalid Dawood Pota for Appellant. Khursheed Anwar Shaikh for
Respondent.
SHAHNAZ BEGUM--Appellant
VERSUS
IKHLAS AHMAD--Respondent
Law: Sindh Rented Premises Ordinance, 1979
Section: 15 , 18 , 21
Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15, 18 & 21---Notice of attornment---Tenant was orally informed about change of, ownership of property in dispute by previous landlord who refused to receive rent and tenant admitted .to have been informed as such---No further notice in writing, held, was necessary. Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15, 18 & 21---Notice of attornment---Application for ejectment on ground of personal requirement---When a new landlord seeks ejectment of tenant on ground of personal requirement, notice of attornment, held, was not necessary. Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 21---Pugri---When a tenant is inducted into any premises on payment of Pugri and landlord sells premises to another person that other person can seek eviction of premises for his personal requirement and payment of Pugri by tenant to previous landlord/owner was not a bar---If a tenant succeeds in proving that he has paid any amount by way of pugri to previous landlord, the eviction should be conditional on repayment of that amount. Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 21---Pugri---Contention of tenant that he had obtained shop in question on payment of Pugri sufficiently proved by evidence which was reliable and not controverted by landlord ---Pugri amount would have to be repaid to tenant by landlord in case an eviction order was passed in favour of landlord. Sindh Rented Premises Ordinance (XV11 of 1979)--- -----Ss. 15 & 21---Ejectment---Bona ride personal requirement---Rent Controller on basis of evidence adduced by parties coming to the conclusion that landlady had failed to prove bona fides of her requirement---Contents of ejectment application giving an impression that landlady and her husband wanted to commence some business in demised shop---Landlady did not disclose that her husband was already well settled in business and wanted to shift his business, nor did she disclose as to why shifting had become necessary---Landlady claiming that her husband was running business in rented premises but in his affidavit in evidence her husband did not…