Law: Sindh Rented Premises Ordinance, 1979

Section: 14

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 14---Ejectment of tenant after attaining age of 60 years by landlord-- Landlord who let out premises before attaining age of 60 years, would be entitled to seek eviction of tenant after attaining age of 60 years even without establishing any bona fides. Syed Aminuzzaman for Appellant. ORDER I have heard the learned counsel for the appellant at length. The case of the respondent-landlady, seeking eviction of the appellant-tenant, was that she required the disputed premises for her personal bona fide need, having no other accommodation of her own to live in and that, at such premises, she would also house her daughter, who had six children but had no independent residence. Besides, a plea of additions and alterations allegedly impairing the value or utility of the premises was also raised. On recording of evidence and duly examining the case the learned Controller has accepted the ground of personal need but rejected that of impairment of the value or utility of the premises. This appeal accordingly arises. In defence and in this appeal the case of the appellant-tenant  has  been  and  is  that  the respondent-landlady let out the premises to him somewhere in 1974, that she resides in the USA with her two sons, rarely coming to Pakistan and that there have been frequent changes of tenancy ever since 1974 of the first floor   accommodation, the landlady always letting and reletting such without occupying it herself or letting her daughter occupy the same, who is proposed now to live with her. The daughter is shown to be putting up in the residential unit of her sister. Admittedly, the age of the landlady is 70 years now and at the time when the premises was let out she must have been around 54 years. In other 14 words, she had let out to tenant-hold before attaining the age of 60 years ' making her entitled to seek eviction under section 14 of the Sindh Rented Premises Ordinance, 1979, on attaining the age without establishing any bona fides. As it is the application was moved under section 15 of the Sindh Rented Premises Ordinance, 1979, leading to prolonged…