| Citation(s) |
|---|
| 1991 SLD 1619 = 1991 CLC 1157 |
Sindh High Court
First Rent Appeal No.282 of 1989, heard on 25th November, 1990.
Presented By: Before Saleem Akhtar, J
Abul Khair for Appellant. Ismail Padhiar for
Respondent.
First Rent Appeal No.282 of 1989, heard on 25th November, 1990.
Presented By: Before Saleem Akhtar, J
Abul Khair for Appellant. Ismail Padhiar for
Respondent.
Mst. AMTUL BEGUM --- Appellant
VERSUS
SARWAR QADRI and 3 others --- Respondents
Law: Sindh Rented Premises Ordinance, 1979
Section: 15
Sindh Rented Premises Ordinance (XVII of 1979)--- ---- S. 15(2)(vii)---Personal bona fide requirement --- Son-in-law of landlord, did not fall within the categories of persons for whose requirement, ejectment application could be filed. Sindh Rented Premises Ordinance (XVII of 1979)--- S. 15(2)(vii)---Personal 'bona fide requirement --- Landlord could seek ejectment of tenant for requirement of his son or daughter be she married or not, provided case for their personal requirement had been made out by landlord --- No evidence had been produced by landlord to show in what manner and for what purpose shops, in dispute were required by landlord for his daughters --- Landlord in circumstances, had failed to establish bona fide personal requirement in respect of shops in dispute. Sindh Rented Premises Ordinance (XVII of 1979)--- S. 15(2)(vii) --- Personal bona fide requirement --- Landlord claimed that he required premises in dispute for residence of his daughter who was residing in a rented house --- Landlord or his daughter could not produce any evidence before Rent Controller in proof of their claim, but in appeal landlord had filed photo copy of two rent receipts to show that his daughter was residing in a rented house ---Evidence of substantial nature available with landlord to establish his personal requirement having not been brought on record High Court remanded case to record such evidence so that a chance of rebuttal could also be made available to tenant to plead his case. Sindh Rented Premises Ordinance (XVII of 1979)--- S. 15(2)(vii) --- Personal bona fide requirement --- Where premises was rented out as a godown and was used for commercial purpose, there was no bar for seeking ejectment thereof for residential purpose. Abul Khair for Appellant. Ismail Padhiar for Respondent. Date of hearing: 25th November, 1990. JUDGMENT The appellant filed three ejectment applications against three tenants. One ejectment application was filed against Abdul Karim (F R A/275/89) and the other was filed against Sarwar Qadri and others (F R A 282/89) in respect of one shop rented out to each of them. The third ejectment application was filed against Juma Khan…