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---Tenant who was sought to be ejected by landlord on ground of personal need, tried to show that there were other residential flats in the building which were rented out by landlord, but tenant failed to prove same---Held, even if it was proved that landlord had other residential flats, it was prerogative of landlord to select and choose, which premises would suit him best. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Personal bona fide need of landlord---Mere increase in amount of monthly rent of premises sought to be vacated, would not be a circumstance to doubt the bona fides of landlord who had sought tenant's eviction on ground of personal requirement. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(iii)(a)---Subletting of premises---Proof---Landlord seeking ejectment of tenant on ground of subletting, had generally alleged that tenant was residing abroad and in his absence he had handed over possession of premises to some other person without specifying as to whom and on what dates premises were sub-let by tenant---Tenant had denied allegation of sub letting stating that he had been going abroad only in connection with treatment of his wife who had undergone major surgery there and that in his absence his servants maintained premises in excellent condition and that he had not used premises for any other purpose except his residence and that only one of his servants resided with him---Case of subletting had not been proved, in circumstances. 1982 CLC 1042; 1984 MLD 557; 1986 MLD 401; 1986 CLC 2016 and 1987 CLC 901 ref. Khawaja Naveed Ahmad for Appellant. Ali Azhar Tunio for Respondents. Date of hearing: 30th October, 1994. JUDGMENT This judgment would dispose of the above RFA as well as CMA 912/93 moved by the respondents seeking the consideration of facts with regard to the fresh subletting of the premises by the appellant in favour of one Ahmad Kuli Khan Khatak in respect whereof the respondent No.2 has filed Suit No. 951/93 for injunction against the appellant as well as the said Ahmad Kuli Khan Khattak.…