| Citation(s) |
|---|
| 1991 SLD 1558 = 1991 CLC 926 |
Sindh High Court
First Rent Appeal No.587 of 1987, decided on 1st November, 1990.
Presented By: Before Saleem Akhtar, J
Khawaja Mahfoozur Rehman for Appellant. Dastgir for
Respondent.
First Rent Appeal No.587 of 1987, decided on 1st November, 1990.
Presented By: Before Saleem Akhtar, J
Khawaja Mahfoozur Rehman for Appellant. Dastgir for
Respondent.
ABDUN NASEER --- Appellant
VERSUS
MUHAMMAD SALEEM --- Respondent
Law: Sindh Rented Premises Ordinance, 1979
Section: 15(2)(vii) , 21(1)
Sindh Rented Premises Ordinance (XV11 of 1979)--- ---- Ss. 15(2)(vii) & 21(1) --- Personal bona ride requirement --- Shop in which landlord was carrying on business did not belong to him, but belonged to his brother who was not on good terms with landlord and there had been disputes and quarrels between them to the extent that matter had been reported to police --Assertion of landlord that he had been asked by his brother to vacate shop, was proper and reasonable --- Landlord thus had made out a case for personal bona ride requirement -- - Rent Controller having failed to appreciate evidence on record properly, order of Rent Controller dismissing ejectment application, was set aside by High Court and eviction of tenant was ordered. P L D 1974 Quetta 13 ref. Khawaja Mahfoozur Rehman for Appellant. Dastgir for Respondent. Date of hearing: 1st November, 1990. JUDGMENT The appellant filed application for ejectment against the respondent in respect of shop situated on Plot No.518-C, P.E.C.H.S. Commercial Area Karachi. The appellant alongwith Abdul Ikram, Abdul Basit, Mst. Amtul Mannan and Mst. Amtul Qayyum inherited the properties left by their father. All these properties are situated in Pakistan Employees Cooperative Housing Society Limited and with the agreement of the parties their names were mutated in the following manner: "(1) Residential house on Plot No.207-A, Block No.2, measuring 1,000 sq. yards; P.E.C.H.S. Karachi in the names of Mr. Abdul Ikram and (2) Mr. Abdun Naseer. (2) Commercial Plot No.517-C, Block No.2, measuring 70 sq. yards; in the name of (1) Mr. Abdul Basit and (2) Mst. Amtul manan. (3) Commercial Plot No.518-C, Block N0.2, measuring 70 sq. yards; P.E.C.H.S. in the name of (1) Mr. Abdun Nasir and (2) Mst. Amtul Qayyum. Plots No.517-C and 518-C are adjacent plots on which two buildings are constructed with a common staircase and passage between these buildings. Each building consists of two flats and two shops. According to the mutation order building on Plot No.517-C was mutated in the name of Abdul Basit and Mst. Amtul Marman while building on Plot No.518-C was mutated in the name of Abdul Naseer the appellant and Mst. Amtul…