Case Details

Citation(s)
1991 SLD 1833 = 1991 CLC 1774
Sindh High Court
First Rent Appeal No.550 and Civil Miscellaneous Applications Nos.1337 of 1990 and 204 of 1991, decided on 7th April, 1991.
Presented By: Before Qaiser Ahmad Hamidi, J
Ghulam Hussain Abbasi and Abbas Ali for Appellant. Muhammad Zubair Quraishy for
Respondent.

NAHEED USMANI---Appellant

VERSUS

Mst. ANWARI BEOUM --- Respondent

Law: Qanun-e-Shahadat (10 of 1984)

Section: 76

Law: Sindh Rented Premises Ordinance, 1979

Section: 14 , 21(3)

  Qanun-e-Shahadat (10 of 1984)--- ----Art. 76---Sindh Rented Premises Ordinance (XVII of 1979), S.14---Photo copy of National Identity Card---Evidentiary value of---Presumption of truth was attached to National Identity Card---Photo copy of same was brought on record without objection from tenant---Landlord's assertion that original document was shown to Presiding Officer and after verification, photo copies were placed on record; was borne out from record as photo copies of documents from both sides were available on record---Entry in  National  Identity  Card  was  considered  to  be  a  valid  proof  of age.---[Age---Evidence]. Muhammad Ali v. Mst. Hameeda Begum 1983 C L C 3237; Khawaja Muhammad Razzaque v. Umar Farook 1.982 C L C 318 ref. Master Muhammad Bashir v. Moinuddin 1990 C L C 703 and Akhtar Hussain Zaidi v. Muhammad Yaqinuddin 1988 S C M R 753 rel. Sindh Rented Premises Ordinance (XVII of 1979)-- ----S. 21---Object of provision of S.21(3), Sindh Rented Premises Ordinance, 1979 was not to allow parties to fill the gaps at appellate stage and to allow an unsuccessful litigant who had failed to prove his cause to have another attempt to cover up weak points of his case. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal requirement of premises by landlady---Tenant's assertion that landlady was in possession of other commercial premises in locality was not proved by evidence such as certified true copy of extract from property register to substantiate his plea---Mere oral words were not sufficient to draw presumption regarding occupation of landlady of any commercial premises in any locality owned by   her---Tenant thus, failed to prove that landlady was in possession/occupation of any commercial premises in any locality owned by her. Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 14 & 21---Ejectment of tenant on ground that landlady having attained the age of sixty years, needed premises in occupation of tenant for her personal bona fide use---Evidence on record showed that landlady had crossed age of sixty years at the time of filing…
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