| Citation(s) |
|---|
| 1999 SLD 772 = 1999 CLC 868 |
Sindh High Court
First Rent Appeals Nos. 399 and 400 of 1998, decided on 1st February, 1999.
Presented By: Before Sarmad Jalal Osmany, J
Muhammad Zahid Khan for Appellant. Abdul Qadeer for
Respondent.
First Rent Appeals Nos. 399 and 400 of 1998, decided on 1st February, 1999.
Presented By: Before Sarmad Jalal Osmany, J
Muhammad Zahid Khan for Appellant. Abdul Qadeer for
Respondent.
MUHAMMAD YAQOOB through Attorney Amir Yaqoob---Appellant
VERSUS
NAZIRULLAH KHAN---Respondent
Law: Sindh Rented Premises Ordinance, 1979
Section: 15(2)(vii)
Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Bona fide personal need of landlord for himself and for his children---Good faith---Proof---Essentials---Landlord who required premises in good faith for his occupation and use or for occupation and use of his spouse and children and his families, had to show that he required premises in good faith and not on a mere whim or fancy---If such factors could be established by landlord, there would be no need of any further enquiry as to whether premises was too large for landlord's need---Sufficiency and insufficiency of accommodation desired by landlord was a matter of individual taste and choice with which Court of law was not to interfere---What had to be seen was whether landlord had approached Court with clean hands and with bona fide intent-- Landlord had been able to establish that he required premises in good faith for his own accommodation as well as for accommodation of his two married sons, one divorced daughter and their children---Tenant in circumstances was rightly ordered by Rent Controller to vacate and hand over peaceful possession of premises to landlord. .Muhammad Zahir Khan v. Ch. Shah Muhammad PLD 1980 Lah. 125; Bismillah Begum v. Fazal Muhammad 1987 CLC 1113; Nisar Hussain Rizvi and 3 others v. Mst. Aiyesha and 5 others 1988 CLC 349; Muhammad Atique v. Muhammad Haneef 1986 SCMR 1236; F.K. Irani & Co. v. Begum Feroze 1996 SCMR 1178; Saira Bai v. Hifz-ur-Rehman 1989 SCMR 1366 and S.M. Nooruddin v. Saga Printers 1998 SCMR 2119 ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Bona fide personal need of landlord---Need for grandchildren---Justification---Tenant had contended that word "child" appearing in S.15(2)(vii) of Sindh Rented Premises Ordinance, 1979 did not include grandchildren of landlord---Validity---If a landlord had…