Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15 (2) (vii)----Personal bona fide requirement---Landlord who had sough ejectment of tenant from a commercial premises, was required to sufficiently explain his need in his ejectment application itself and to support the same with some tangible evidence to establish his need of the premises---Both the requirements having not been fulfilled by landlord, Rent Controller rightly found that landlord had failed to prove his personal bona fide requirement in respect of premises. M. Anisur Rahman for Appellant. R.M. Aslam Kiyani for Respondents. Date of hearing: 13th February, 1991. JUDGMENT This appeal under Section 21 of the Sindh Rented Premises Ordinance, 1979 is directed against the judgment passed on 22-10-1987 by the VIth Senior Civil Judge and Rent Controller, Karachi (West) in Rent Case No.857 of 1985. The application under Section 15 of the Sindh Rented Premises Ordinance, 1979 was filed by the appellant seeking ejectment of his tenant, Umer Din, the respondent No.2 from the shop let out to him on the ground of having committed default in payment of rent and having sublet the premises to one Riaz Ahmed, respondent No.l herein. The facts leading to the filing of the present appeal briefly stated are as follows: The appellant owns a commercial-cum-residential building comprising of two rooms and a shop on the ground floor and a room on its first floor situated on plot No.E-33, Asif Colony, Manghopir Road, Karachi. He had vide agreement executed by him on 16-11-.1980 let out the shop on the ground floor to Umerdin, the respondent No.2 on payment of rent of Rs.200 per month. Umerdin after inducting Riaz Ahmed the opponent No.l in his shop to lookafter his business disappeared from the scene in March, 1981 and Riaz Ahmed continues to be in occupation of the shop carrying on his business as a Tailor. Riaz Ahmed did not pay any rent with effect from March 1981 till October, 1982 when appellant filed the ejectment application. He claimed ejectment on the grounds of default in payment of rent and subletting and as he needed the shop for his bona fide use and filed the application impleading both of them as…