Law:

Section:

Keywords: Money, Inter Alia, Tenancy, Set Aside, Refusal, Evidence, Payment Of Rent, Payment, Orders, Notice, Parties, Premises, Ejectment, Possession, Tenancy Agreement, Terms Of Agreement, Adequate, Selling, Bona Fide, Grounds, Rent, Tenant, Order, Good Faith, Landlord, Rent Controller, Testimony, Eviction Of Tenant, Costs Result: A. JUDGMENT This IInd Appeal by the landlord is directed against the judgment o~ the learned District Judge, Sukkur, sitting as the 1st Appellate Court, whereby he allowed the appeal of the respondent/tenant, and set aside the order of the learned Rent Controller directing the ejectment of the respondent/tenant on the ground of the bona fide requirement of the premises in question by the landlord appellant for his personal use. 2. The facts which form the background of this appeal, briefly stated are that the appellant is the owner of a shop in Sharafa Bazar, Sukkur, bearing No. B. 3001. By an agreement, dated the 24th April, 1964, the appellant rented out the aforesaid shop to the respondent on a monthly rent of Rs. 60 The agreement inter alia provided that the respondent/tenant' would not b ejected so long as the terms of agreement were not violated. The said agreement also recited that the landlord had sold to the respondent/tenant the ceiling fans, iron safe, weighing scale with complete set of weights ant show-cases in the said shop. By notice, dated 1-12-9969, given through al Advocate, the appellant called upon the respondent to vacate his shot premises on the twin grounds that the tenancy agreement had expired and further that the shop was required by the appellant for his own use. The respondent's counsel by his letter dated 22-1-1969, replied that the appellant did not bona fide require his shop for his own use and in fact his real purpose for obtaining possession of the shop was to sell the same. Thereafter, it appears that the appellant did not accept the rent of the shop from the respondent, who accordingly sent the rent for December, 1969, on 7-12-1969 by money order, and since the money order was refused, he sent another money order on 7-1-1970 in respect of the rent of the shop for the months of December, 1969, and…

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