Law: Sindh Rented Premises Ordinance, 1979

Section: 14

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 14---Bona fide personal need of widow and son of deceased landlord in respect of premises---Original owner and landlord having died, legal heirs of deceased served notice of change of ownership of premises on tenant---One of the sons of deceased landlord, who had retired from service sought ejectment of tenant on ground of personal bona fide need to set up his business for-himself and for his widowed mother---Evidence led by parties had indicated that not only son of deceased landlord who had retired from service needed premises in dispute to start his business, but even his widowed mother who was occupying part of premises in dispute needed same for personal bona fide use---Scope of inquiry in case under S.14 of Sindh Rented Premises Ordinance, 1979 would be limited to determination of fact whether landlady was a widow or circumstances which had been enumerated in said section which would include need of legal heirs of deceased who had retired from service---Widow and one of sons of deceased landlord having proved their personal bona fide need in respect of premises, they were entitled to get premises vacant. Mujtaba Hussain Abidi v. Ferozuddin Zakai PLD 1985 Kar. 663; Abdul Ghani Dhanwala v. Ahmed Ilmuddin Amir PLD 1982 Kar. 935; Wahid Shah v. Haider Mirza PLD 1983 Kar. 628 and Abu Bakar v. Abdul Haleem PLD 1991 SC 302 ref. Nadeem Azhar for Appellants. Muhammad Khalid Farooqui for Respondent. Date of hearing: 3rd September, 1997. JUDGMENT This First Rent Appeal has been filed against the judgment, dated 17-10-1987 passed by the IVth Rent Controller, South, Karachi in Rent Case No.4470 of 1982 whereby the Rent Application filed by the applicants/landlords was dismissed. The brief facts as per memo. of appeal are, that the disputed premises which is a Shop bearing No.G/9, R.C.7/6, Suttar Street, Opposite K.M.C. Maternity Home, Eidgah, Karachi, was originally owned by one Niamatullah, who had rented out the said shop to one Haji Din Muhammad, the present respondent. The said Niamatullah expired on 28-2-1975 and the property devolved on the present appellants, who are the widow, two sons and a daughter of…