| Citation(s) |
|---|
| 1980 SLG 3004 = 1980 SLD 3004 = 1980 SCMR 9 |
Supreme Court of Pakistan
Civil Petition No. K-81 of 1977, decided on 8th August, 1979. (On appeal from the judgment and order of the High Court of Sind at Karachi dated II-2-1977, passed in If Appeal No. 326 of 1976).
Presented By: Muhammad Akram and Muhammad Afzal Zullah, JJ
A. Aziz Dastgir, Advocate-on-Record for Petitioner. Nemo for
Respondent.
Civil Petition No. K-81 of 1977, decided on 8th August, 1979. (On appeal from the judgment and order of the High Court of Sind at Karachi dated II-2-1977, passed in If Appeal No. 326 of 1976).
Presented By: Muhammad Akram and Muhammad Afzal Zullah, JJ
A. Aziz Dastgir, Advocate-on-Record for Petitioner. Nemo for
Respondent.
GHULAM HUSSAIN-Petitioner
VERSUS
MRS. CHAMAN SULTAN SHAFI-Respondent
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13 (3) (a)
West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 (3) (a)-Ejectment-Requirement for personal use-All important points duly noticed by High Court-Concurrent finding of fact on question of bona fide requirement of landlord not suffering from any infirmity, legal or otherwise-Even otherwise landlord having a family of 12 members, some children being either of marriageable age or studying in higher educational institutions, need of family regarding suitable accommodation not able to be met with existing accommodation-Incident of landlord's dog having been involved having no effect on concurrent finding of fact regarding objective needs of landlord and such incident irrelevant-Landlord's omission to men tion fact of her requirement of house for personal need in her notice sent to tenant inconsequential due to landlord's husband having been making verbal requests in such behalf and tenant having promised from time to time to vacate premises-No legal requirement, for landlord to have examined her children in support of case-Evidence, held, enough to prove bona fide requirement of landlord. Date of hearing : 7th August 1979. ORDER MUHAMMAD AFZAL ZULLAH, J.-This petition for leave to appeal arises out of the dismissal of second appeal by learned Single Judge of the High Court of Sind whereby the order of eviction of the petitioner on ground of personal requirement of the respondent passed by the learned Rent Controller and affirmed by the first appellate Court was ultimately upheld. The respondent had instituted the eviction application on grounds of her bona fide requirement ; the petitioner's conduct being nuisance for her family ; and that the…