Case Details

Citation(s)
1991 SLD 1561 = 1991 CLC 937
Sindh High Court
First Rent Appeal No.576 of 1989, decided on 18th November, 1990,
Presented By: Before Mukhtar Ahmed Junejo, J
Mst. Shahnaz Khan v. Imtiaz Ahmed 1986 C L.C 2048 ref. Zameeruddin Ahmad for Appellants. Musheer Alam for
Respondent.

Messrs CHAUD14ARY BROTHERS --- Appellants

VERSUS

Mst. ASMA IRFAN---Respondent

Law: Sindh Rented Premises Ordinance, 1979

Section: 21 , 15(ii)(2)

  Sindh Rented Premises Ordinance (XVII of 1979)--- S. 21 --- Appeal --- Maintainability of --- Memo of appeal was signed by one claimed to be attorney of appellants, but power of attorney was neither filed nor was required by office to be filed --- Memorandum of appeal signed by attorney having been accepted by office without calling upon attorney to produce in Court copy of power of attorney executed in his favour by appellants, objection raised on part Of respondent that appeal so filed was not maintainable, was overruled in circumstances. Khan Iftikhar Hussain Khan v. Messrs Ghulam Nabi Corporation Limited P L D 1971 SC 550 and Mirza Munawar Ahmed and another v. Official Liquidator and others P L D 1980 Lah. 86 ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ---- S.- 15)(ii)(2 --- Default --- Once default in payment of rent was committed, same could not be erased by subsequent payment on the part of tenant. Zulfiqar Hussain v. Mrs. Tazeen Choudhry 1986 C L C 393; Ghafoor Ahmed v. Anwar Baig P L D 1982 Kar. 403; Peerzada Rafiq Ahmed v. Ch. Abdul Rehman 1980 S C M"R 772; 1986 C L C 380; 1986 C L C 1778 and 1988 C L C 2322 ref. Sindh Rented Premises Ordinance (XVII or 1979) -- S. 15(2)(vii) --- Personal bona fide requirement --- Remarriage of divorced landlady, would not mean that her requirement to do independent business had ceased to exist. Haji Muhammad Usman v. Yousuf Ali Muhammad Bhai 1986 C L C 380; Abdul Ghani v. Abdul Aziz 1986 C L C 1778 and B.C. Aga & Co. v. Fakhruddin 1988 C L C 2322 rel. Sindh Rented Premises Ordinance (XVII of 1979)---   ---- S. 15(2)(vii)---Landlord of different tenements, had choice to select the tenement suitable for his personal use. Mujtaba Hussain Abidi v. Ferozuddin P L D 1985 Kar. 663; Haji Majeed v. Haji Imamuddin 1981 C L C 1091; Blial Dino and others v. Din Muhammad and others 1986 C L C 395; Mrs. J.C. Rehman v. Mrs. Sultana Ahmed 1985 C L C 2271; S. Muhammad Alam v. Mst. Aqeela Begum 1985 C L C 2791; Mst. Anwar Sultana v. Muhammad Azad Abbas 1982 C L C 2164 and Mst. Shahnaz Khan v. Imtiaz Ahmad 1986 C L C 2048 reE Sindh Rented Premises Ordinance (XVII of 1979) --- S. 15(2)(vii) --- Personal…
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