Case Details

Citation(s)
1991 SLD 1865 = 1991 CLC 1930
Sindh High Court
First Rent Appeals Nos.807 and 808 of 1989, decided on 4th March, 1991.
Presented By: Before Salahuddin Mirza, J
Khawaja Mahfoozur Rehman for Appellants. Zahid Marghoob for
Respondents.

MUHAMMAD HUSSAIN FATAVI and another---Appellants

VERSUS

FAKHRUNNISA BEGUM and 5 others---Respondents

Law: Sindh Rented Premises Ordinance, 1979

Section: 15 , 21

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Ejectment of tenant---Tenant's plea that tenancy in question was joint with deceased and that his legal representatives having not been impleaded in ejectment petition, same was defective---Tenant, however, could not prove in Court that after the death of deceased his legal heirs succeeded him in joint business and were co-tenants of demised premises---Tenant also could not name legal heirs, of deceased---In written statement, tenant referred to legal heirs of deceased as widow and daughter of deceased---Tenant also failed to show any document wherein names of heirs of deceased were mentioned as his partners and co-tenants---Tenant's contention that heirs of deceased were his co-tenants and partners and that ejectment application was not maintainable for non joinder of necessary parties was without force and was rejected ---Ejectment application was competent and had been correctly decided by Rent Controller. Sindh Rented Premises Ordinance (XVII of 1979)--- -----Ss. 15 & 21---Personal bona fide requirement---Evidence on record was enough to show that landlord was doing his own business and needed demised premises for his bona fide need to establish that business---Rent Controller after appreciation of evidence on record had correctly recorded finding that landlord needed such premises for personal bona fide need-- Appeal against such finding being devoid of merit, was dismissed in circumstances. Khawaja Mahfoozur Rehman for Appellants. Zahid Marghoob for Respondents. Date of hearing: 10th February, 1991. JUDGMENT This judgment shall dispose of both the above-noted appeals as the facts, pleadings and evidence in both the cases are the same.     The respondents are the owners and landlords of a commercial building known as "Intizar Chamber" located in Block 6 P.E.C.H.S. Karachi and Appellant Muhammad Hussain Fatavi in F.RA. No.807/1989 is tenant in respect of a "restaurant" in the said building on a monthly rent of Rs.400 whereas Appellant Moinuddin in F.RA. No.808/1989 is tenant in respect of a Pan Cabin in the hotel on a monthly rent of Rs.80. The…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register