Case Details

Citation(s)
1991 SLD 1881 = 1991 CLC 2039
Sindh High Court
First Rent Appeal No. 395 of 1988, decided of 7th August, 1991.
Presented By: Before Muhammad Hussain Adil Khatri,J
A:I. Chundrigar for Appellant. Muneer A. Malik for
Respondent.

Col. (Retd.) Syed MUHAMMAD HASSAN ---Appellant

VERSUS

RAZA K. MINHAS ... Respondent

Law: Sindh Rented Premises Ordinance, 1979

Section: 5 , 6 , 15 (2) (vii)

  (a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 5, 6 & 15 (2) (vii)---Personal bona fide need---Agreement of tenancy-- Effect of---Agreement of tenancy executed between parties, had specifically provided to remain operative for a period of three years and on expiry of agreed period tenant would hand over vacant and peaceful possession of premises to landlord---No covenant with regard to extension of tenancy period beyond three years existed in the agreement and same fully corroborated contention of landlord that after expiry of three years premises was to be occupied by his son--- No substance was found in contention of tenant that landlord did not require premises for bona fide use and occupation of his son especially when son of landlord had fully established his requirement in respect of premises in question. Mst. Amina Begum and others v. Mehar Ghulam Dastgir PLD 1978 SC 220; Messrs Tiger Wire Products Ltd. v. S. Abrar Hussain 1983 SCMR 402; Mst. Ahmedunnisa and others v. Mst. Parveen Siraj 1985 SCMR 2012; Samiuddin Khan v. Mst. Jamila 1983 CLC 2730; Suleman Ghazi v. Ghulam Hyder and another 1984 CLC: 2213; Adamali Hasanali v. Mst. Rubab Bai PLD 1965 Kar. 408; Amanullah Khan v. Abdul Ghaffar PLD 1985 Kai. 7; National Bank of Pakistan v. Wadho Mal and others 1985 CLC 1053; Sultan Press Ltd. v. Muhammad Hassan PLD 1985 Kar. 624; Associated Sales Agencies v, The Standard Insurance Company Ltd. 1985 CLC 2419 and Shrinbai and another v. Habib Bank Ltd. 1985 CLC 2455 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (vii)---Personal bona fide need---Son of landlord for whom premises in dispute was bona fide required, admittedly was living in two rooms of a house owned by his in laws as licensee---Said house was stated to be a century-old and worn out building---Son of landlord in his evidence had specifically spelt out discomforts he was facing and his intention to shift to house owned by his father---Bona fide requirement of son of landlord in circumstances, could not be doubted.   Associated Sales Agencies v. Standard Insurance Company Ltd. 1985 CLC 2419; Shirinbai and another v. Habib Bank Ltd. in 1985 CLC…
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