Law: Sindh Rented Premises Ordinance, 1979

Section: 15

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal requirement of landlord---Proof---Landlord's evidence on record showed that he had not given details of his business or the manner in which he was extending the same nor he had given detail of area in his possession and the area sought to be required for expansion of business-- Landlord had made very vague assertion in that regard---Loose assertions landlord that he required premises for expanding his business had not proved bona fides of his claim---Plea of bona fide personal requirement was not established on record. Akhlaqun Nabi v. Nawab Ahmed Shamsi 1986 C L C 1100; Mst. Safia Hassan v. Ishrat Hussain 1986 C L C 1751; Major Jamshed Khudadad Irani v. Abdur Rahman 1987 C L C 1988; Muhammad Aslant v. Muhammad Aslant 1988 C L C 686 and Walumal v. Muhammad Moosa 1986 C L C 1831 rel. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Default in payment of rent---Proof---Rent of specific month being in dispute, tenant had in his money order coupon for the succeeding month had stated that no receipt having been given for the specific month, he was sending rent of the following months by money order---Tenant having made such assertion, landlord was required to rebut such assertion in the money order coupon by sending a letter or notice to tenant controverting the averment made in money order coupon---Landlord's failure to rebut such assertion would lend credence to tenant's claim that he had paid rent for the specific month-- Default in payment of rent for specific month was not proved in circumstances. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment of tenant on grounds of default in payment of rent and Requirement of premises for bona fide need of landlord---Landlord having failed to prove both the grounds, his ejectment application was liable to dismissal--- Rent   Controller's order to the contrary, whereby he had ordered ejectment of tenant, was set aside. Sher Afghan for Appellant. S.M. Ahad for Respondent. Date of hearing: 10th February, 1991. JUDGMENT The respondent has sought the ejectment of the appellant on the…