Case Details

Citation(s)
1996 SLD 717 = 1996 CLC 377
Sindh High Court
First Rent Appeal No. 696 of 1991, decided on 13th September, 1995.
Presented By: Before Nazim Hussain Siddiqui, J
Abdul Karim Siddiqui for Appellant. Q. Malik for
Respondent.

Mst. JEHAN ARA ---Appellant

VERSUS

Mst. TAYYABA KHATOON through Legal Heirs---Respondent

Law: Sindh Rented Premises Ordinance, 1979

Section: 18

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 18---Change in ownership of premises---Notice to tenant---Tenant must have positive knowledge about the change in ownership of premises---Eviction application filed by new owner was sufficient notice to tenant about change in ownership of premises. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Bona fide personal need of landlord---Family of landlord consisted of six major persons who were in occupation of only two rooms which by any standard were insufficient for their requirements---Exact definition of expression of "personal bona fide use" covering all sort of cases was not possible as much would depend upon circumstances of each case-- Requirement would emanate from circumstances, which were parameter for determining its validity---Credence, if any, would have to be given to a particular fact to reach conclusion if requirement of landlord was bona fide or not---Paucity of accommodation would not always bring case within the scope of bona fide requirement, but the circumstances which could provide tangible guidelines for determining the issue in affirmative or negative---Where stress was upon paucity of accommodation, reasonable requirement of landlord, keeping in view present accommodation and the strength of his family members would have to be determined. Abdul Karim Siddiqui for Appellant. Q. Malik for Respondent. Date of hearing: 19th March, 1995. JUDGMENT This appeal, under section 21 of the Sindh Rented Premises Ordinance, 1979, hereinafter called the Ordinance, is against the Order dated 23-10-1991, passed by   Mrs. Khalida Yasin learned Rent Controller, Karachi, Central, whereby, the appellant was directed to hand over vacant possession of the premises in question to the respondents within 60 days from the date of said order. The facts relevant for decision of this appeal are as follows:- The predecessor-in-interest of the respondents namely, Mst. Tayyaba Khatoon on 24-3-1987 had filed Rent Case No. 325 of 1987 against appellant Mst. Jehan Ara for her eviction from back portion of the house bearing No.870/9, Dastgir Colony Federal Area, Karachi,…
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