Law: Sindh Rented Premises Ordinance, 1979

Section: 15

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment of tenant---Default in payment of rent---Proof---Record showed that tenant had failed to pay rent for specified months and was a willful defaulter---Observation of Rent Controller in his order that landlord had not clearly mentioned specific period of arrears was against the record inasmuch as period of default  had  been  specifically  mentioned  in  notice,  application  and affidavit-in-evidence---Landlord had thus proved that tenant was a defaulter. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Personal bona fide requirement---Landlord was admittedly not in possession of any shop in the building where demised shop was situated-- Landlord had successfully proved that he required demised shop for personal bona fide need of his son---Finding of Rent- Controller to the contrary being untenable was set aside---Appeal was allowed with direction to tenant to hand over vacant possession to landlord, within specified time. Raja Khan for Appellant. Jamshed Ali Khan for. Respondent. Date of hearing: 17th September, 1989. JUDGMENT This First Rent Appeal is directed against the order dated 17-10-1987 passed by the learned Ist Senior Civil Judge and Rent Controller, Hyderabad, Sindh, by which the ejectment application filed by the appellant on the ground of default and personal bona fide need was dismissed. The brief facts giving rise to the present appeal are that the appellant Muhammad Aiwaz Khan filed an application for ejectment against the respondent inter alia stating therein that he is owner/landlord of Shop No.2, situated on the ground floor, of Commercial Plot No.64-D, in Unit No.8, Latifabad, Hyderabad, and the respondent is his tenant in the said shop at the rate of Rs.180 per month. That the opponent was already in occupation of the said shop and on 29-4-1985 the parties had agreed that the monthly rent of the demised shop shall be Rs.180 per month and the tenancy will   continue for 11 months commencing from Ist May, 1985 ending on 31st March 1986. Such an agreement was reduced into writing and the same has been filed as…