| Citation(s) |
|---|
| 1993 SLD 859 = 1993 CLC 1595 |
Sindh High Court
F.RA. No. 440 of 1991, decided on 22nd April, 1993.
Presented By: Before Muhammad Hussain Adil Khairi, J
Syed Nasir Hussain Jafri for Appellant. Raja Mir Muhammad for
Respondent.
F.RA. No. 440 of 1991, decided on 22nd April, 1993.
Presented By: Before Muhammad Hussain Adil Khairi, J
Syed Nasir Hussain Jafri for Appellant. Raja Mir Muhammad for
Respondent.
MOHAMED RAFT ALI ---Appellant
VERSUS
: Mst. ZUBEDA KHATOON---Respondent
Law: Sindh Rented Premises Ordinance, 1979
Section: 15 (2) (vii)
Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (vii)---Personal bona fide need of landlord---Landlady by producing sufficient and corroborated evidence on record had fully proved that her husband presently was running business of goldsmith in a very small room near staircase of building which was quite insufficient and unsuitable for business as no space was there to accommodate customers---Landlady had proved that her husband was facing great difficulties in running business of goldsmith and that her husband intended to expand his business---It was matter of first impression that goldsmith business could not be befittingly carried on in place presently in occupation of husband of landlady where customers could not be suitably accommodated---Neither it was case of tenant nor it was so urged at time of hearing that place where business was being carried on by husband of landlady, was suitable or sufficient for his business-- Only defence taken by tenant was that landlady was interested in enhancing rent, which fact had been denied by landlady---Personal bona fide need of landlord, in respect of premises in dispute had fully been proved, in circumstances. Haroon Qasim and another v. Azam Sulcman 1989 SCMR 240; Sultan Press Ltd. v. Muhammad Hassan PLD 1985 Kar. 624; Anisur Rahman v. Sara Bai PLD 1985 Kar. 714; Province of Sindh and 3 others v. Sikandar Ali Khan 1990 CLC 1644; Muhammad Arif v. Gulzar Ahmed 1991 CLC 1850; Associated Sale Agencies, Karachi v. Standard Insurance Company Limited 1985 CLC 2419; Ghulam Haider v. Abdul Ghaffar and another 1992 SCMR 1303 and M.A.H. Siddiqui v. Fazlur Rahman and others 1992 SCMR 2391 ref. Sind Rented Premises Ordinance (XVII of 1979)--- ----S. 15-A---Protection to tenant---Punishment had been provided for landlord under S. 15-A where he had obtained possession of premises on ground of personal requirement, but had re-let it to any person other than previous tenant or put it to a use other than personal use within one year of such possession. Syed Nasir Hussain Jafri for Appellant. Raja Mir Muhammad for Respondent. Date of hearing: 4th April, 1993. JUDGMENT This appeal is directed against the order dated…