Case Details

Citation(s)
1994 SLD 758 = 1994 CLC 1131
Sindh High Court
First Rent Appeal No. 285 of 1992, decided on 20th December, 1993.
Presented By: Before Abdul Rahim Kazi, J
K.B. Bhutto for Petitioners. Sajjad E. Halai for
Respondent.

SAIFUDDIN and others---Petitioners

VERSUS

Mrs. SHER BANO---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---Landlord seeking ejectment of tenant on ground of his personal bona fide need, had fully established by producing evidence on record that presently he was residing in a rented premises which was quite insufficient for his large family and that he wanted to shift to house owned by him---Tenant having failed to show that landlord owned or possessed any other house in locality or within town, personal bona fide need of landlord in respect of premises in dispute, had fully been proved. Faqir Muhammad and others v. Mst. Muhammad Bibi PLD 1991 SC 590; Noor Muhammad v. Iqbal Ahmed 1985 CLC 1007; Anthony v. Riaz Ahmed Malik 1985 CLC 1309; Faheeda Jehan Begum v. Varimdamal 1980 CLC 604; Sultan Press Ltd. v. Muhammad Hassan PLD 1985 Kar. 624; Bata Pakistan Ltd. v. Begum Ashraf Burney 1993 MLD 697; Mst. Saira Bai v. Syed Anisur Rahman 1989 SCMR 1366; Aziz Akbar Ali v. Fakhruddin Civil Petition No. 234-K of 1988 and Jameela Latif v. Ghulam Yazdani Khan 1981 SCMR 637 ref. K.B. Bhutto for Petitioners. Sajjad E. Halai for Respondent. Date of hearing: 20th December, 1993 JUDGMENT This appeal has been preferred against the orders passed by the IInd Senior Civil Judge/Rent Controller, Karachi (Central) in Rent Case No. 472 of 1987 whereby the ejectment of the   appellants was ordered on the ground of personal requirement of the respondent/landlady. Briefly the facts of the case are that the present respondent had filed this Rent Case for ejectment of the appellants from the premises bearing No.24 Block No.C/C Al-Haidery Memorial Market admeasuring 70.97 sq. yds. of the main plot situated in Block `E' in Saifee Cooperative Housing Society Ltd., Karachi. The said building was purchased by the respondent/landlady vide sale-deed dated 12-4-1986 when the present appellants were in occupation of the Mezzanine and first Floor in the said building and were paying monthly rent of Rs.60 and Rs.125 respectively which was subsequently enhanced to Rs.90 and Rs.155 per month. The grounds taken in the rent case by the present respondent were default in payment of rent,…
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