| Citation(s) |
|---|
| 1993 SLD 757 = 1993 CLC 515 |
Sindh High Court
F.RA. No. 306 of 1987, decided on 16th December, 1992.
Presented By: Before Nazim Hussain Siddiqui, J
Shafaat Hussain for Appellant. Rehmat Ellahi for
Respondent.
F.RA. No. 306 of 1987, decided on 16th December, 1992.
Presented By: Before Nazim Hussain Siddiqui, J
Shafaat Hussain for Appellant. Rehmat Ellahi for
Respondent.
ABDUL FAREED KHAN---Appellant
VERSUS
FEROZUDDIN---Respondent
Law: Sindh Rented Premises Ordinance, 1979
Section: 15( i ), 15(2)(vii)
Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (i) (ii)---Personal bona fide need of landlord---Assertion of landlord that he had purchased premises for carrying on his business had fully been established by evidence on record---Premises was bigger than shop which had earlier been got vacated by landlord from other tenant---Landlord was carrying on business on first floor and passage to it was from back side and in circumstances, there was justification for landlord for claiming possession of premises in dispute---Personal requirement of landlord in respect of premises was not seriously challenged by tenant as he had simply stated that premises in occupation of landlord was enough for his business---Personal requirement of landlord in respect of premises was bona fide. Syed Anisur Rahman v. Mst. Saira Bai PLD 1985 Kar: 714; Mst. Saira Bai v. Syed Anisur Rahman 1989 SCMR 1366; Abdullah v. Hassan Abbas 1985 CLC 892; Messrs John Traders and 3 others v. Ahmed Ali 1986 CLC 561; Walumal v. Muhammad Moosa 1986 CLC 1831; Ahmed Tanveer v. Hakim Bakers and Confectioners; 1987 MLD 2092; Muhammad Aslam v. Muhammad Aslam 1987 CLC 686; Province of Sindh and 3 others v. Agha Sikandar Ali Khan 1990 CLC 1644; Mst. Fatima Bai v. Shaikh Muhammad Zaki and 6 others 1990 CLC 1064; Bashir Ahmed v. Muhammad Shafi 1987 SCMR 538: Hareen Kassam and another v. Azam Suleman Madha PLD 1990 SC 394; Sabu Mal v. Kika Ram alias Heman Das, 1973 SCMR 185; Nooruddin and others v. Asghar Ali and other 1968 SCMR 1087 and Sardar Khan v. Riaz Ahmed and others 1986 SCMR 1981 ref. Interpretation of statutes--- ---- Mischief should be suppressed and remedy be advanced. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (vii)---Personal bona fide need of landlord---Tenant at his own perception, could not visualise feasibility of landlord's business nor could debate its viability. Shafaat Hussain for Appellant. Rehmat Ellahi for Respondent. Date of hearing: 21st September, 1992 JUDGMENT This appeal under section 21 of the Sindh Rented Premises Ordinance, 1979, hereinafter called the Ordinance, is directed against order dated 25-1-1987, passed by the then Vth…