| Citation(s) |
|---|
| 1991 SLD 1644 = 1991 CLC 1231 |
Sindh High Court
First Rent, Appeal No.294 of 1990, decided on 23rd December, 1990,
Presented By: Before Imam Ali G. Kazi, J
Khalid M. Ishaque for Appellant. Akhtar Mehmood for
Respondent.
First Rent, Appeal No.294 of 1990, decided on 23rd December, 1990,
Presented By: Before Imam Ali G. Kazi, J
Khalid M. Ishaque for Appellant. Akhtar Mehmood for
Respondent.
ANWARALI --- Appellant
VERSUS
Mrs. ALIMA AHMED --- Respondent
Law: Sindh Rented Premises Ordinance, 1979
Section: 15 , 19
Sindh Rented Premises Ordinance (XVII of 1979)... ---- Ss.15 & 19 --- Civil Procedure Code (V of 1.908), O. VI, R.17 --- Pleading as a matter of practice or procedure could be amended through a formal application made in writing to Court, but there was no legal bar in seeking amendment through an oral request if it was permitted by that Court. P L D 1971 SC 192; P L D 1976 SC 469; 1989 C L C 732; P L D 1976 Kar. 832; 1986 C L C 395; 1980 S C M R 593; 1985 S C M R 1769 and P L D 1982 Kar. 552 ref. Sindh Rented Premises Ordinance (XVII of 1979) ... ---- S. 15(2)(vii) --- Personal bona fide requirement --- Landlord by producing sufficient evidence, was able to prove that he required shop in dispute and the shop which he had already got vacated from other tenant and which admittedly was never let out by him after its vacation --- Personal bona fide requirement of landlord had fully been established in circumstances. P L D 1985 Kar. 624; P L D 1985 Kar. 639; P L D 1988 Kar. 369 and 19~8 M L D 1009 ref. Khalid M. Ishaque for Appellant. Akhtar Mehmood for Respondent. Dates of hearing: 4th and 7th October, 1990. JUDGMENT This first rent appeal is directed against the judgment passed on 30-5 1990 by the Vth Senior Civil Judge and Rent Controller in Rent Case No.4342/1980. The Rent. Controller by his said order has ordered that appellant Anwar Ali the tenant of Shop No.2 in the building situated on Plot No.115/C, Central Commercial Area, Off Allama lqbal Road, P.E.C.H.S., Karachi be ejected from the said premises as it is needed by Mrs. Aleema Ahmed the landlady and respondent in this appeal for her personal bona fide use. The appellant Anwar Ali admittedly is the tenant of the said premises on agreed rent of Rs.250 per month. Mrs. Aleema Ahmed the respondent herein riled an application under section'15 of the Sindh Rented Premises Ordinance, 1979 in the Court of First Rent Controller, Karachi seeking ejectment of her tenant from the said shop. Her case was registered as Case No.4342/80. She had claimed the ejectment of her tenant as according to her she needed it for her personal bona fide use as she intended to run a Ready Made Garments shop. The…