| Citation(s) |
|---|
| 1993 SLD 728 = 1993 CLC 262 |
Sindh High Court
First Rent Appeal No. 751 of 1991, decided on 18th October, 1992.
Presented By: Before Abdul Rahim Kazi, J
Khaliluddin Qureshi for Appellant. Raja Haque Nawaz for
Respondent
First Rent Appeal No. 751 of 1991, decided on 18th October, 1992.
Presented By: Before Abdul Rahim Kazi, J
Khaliluddin Qureshi for Appellant. Raja Haque Nawaz for
Respondent
Mrs. GHAZALA SHAMIM---Appellant
VERSUS
Mrs. SHAHNAZ AHMAD---Respondent
Law: Sindh Rented Premises Ordinance, 1979
Section: 15(2)(vii)
Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---"Good faith" and "mala fides"---Meaning of---Good faith, meant, bona fides which should show reasonableness of requirement of landlord, whereas mala fides would mean that case had been brought with some ulterior or collateral purposes. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Personal bona fide need of landlord---Landlady seeking ejectment of tenant on ground of her personal need, had specifically stated that she being a Pakistani national, was residing abroad and wanted to come back to Pakistan for proper education and upbringing of her children according to their own culture, custom and tradition and to get suitable match for her daughters of growing age---Pleas of landlady were fully supported by her attorney who was cross-examined by other party---Landlady, in circumstances, had established her requirement for personal need in good faith. Firdous Begum v. M/s. Siraj & Brothers 1988 CLC 802; Sardar Khan v. Riaz Ahmad 1986 SCMR 1981; Haroon Kassim v. Azam Suleman Madha PLD IWO SC 394; Ahmedun-Nisa and others v. Mst. Parveen Siraj 1985` SCMR 2012; Bashir Ahmad v. Muhammad Shat 1989 SCMR538 and Mst. Musarrat Ahmeen v. Muhammad Mubeen 1986 CLC 2033 ref. Words and phrases... ----"Good faith"---Meaning. Words and phrases--- ----"Mala fides"---Meaning. Khaliluddin Qureshi for Appellant. Raja Haque Nawaz for Respondent . Date of hearing: 11th October, 1992. JUDGMENT By this appeal, the appellant/tenant has impugned the order passed by the Rent Controller on 14-11-1991 in Rent Case No.744 of 1987. Briefly the facts are that the respondent is the owner/landlady of double storied Bungalow constructed on Plot No.D-205 KDA Scheme No. l-A, Karachi. The first floor of the said Bungalow is in occupation of the present appellant as tenant and consists of one drawing/dining room, three bedrooms, three bath-rooms, one family lounge and a kitchen, hereinafter referred to as the case premises. The respondent sought ejectment of the present appellant on the ground that the respondent, who was living in Dubai at that time…