Law:

Section:

(a) Constitution of Pakistan (1973)---- Art. 185(3)-Sind Rented Premises Ordinance (XVII of 1979), S. 15(2) (viii)-Leave to appeal granted to examine inter alts questions of law (i) whether provisions of S. 15(2) (viii) of Ordinance would not override terms of lease deed to enable landlord to obtain possession of premises if landlord really required same for his own use and occupation, and (ii) whether finding given by Rent Controller that landlord required premises in good faith for his own use and use and occupation of his spouses has been upset by High Court in extraneous and irrelevant considerations of case. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1969) Ss. 5, 6 & 7-Sind Rent Restriction Act (X of 1947)-Sind Rent Restriction Act (XIX of 1952)--Karachi Rent Restriction Act (VIII of 1953)-Historical background of rent laws in Sind and Karachi with object and purpose of such laws discussed. (c) Sind Rented Premises Ordinance (XVIt of 1979)- -- S. 5-Registered lease deed initially for 10 years with option for renewals, in all for 30 years-Provisions of Ordinance cannot override terms of such lease deed if not violated by lessee, .and enable lessor to obtain possession of premises, if lessor really required same for his own use and occupation. Lessor in 1965 demolished existing bungalow on his plot and leased out said plot to lessee on 1-5-1965 for establishing at its (lessee's) own cost and investment a patrol pump and service station. This lease was initially for a period of 10 years with two options made available to the lessee to get it renewed, in all for 30 years. First renewal took place in May, i975 and was to last till May, 1985 with yet another option of 10 years available to lessee. The lease deed was registered and some of the salient features of this lease deed were that the lessee was free to erect and permit to be erected on the demised premises any hoarding or other usual advertising material incidental to their trade and business, and the lessee was entitled to assign or sublet the demised premises. The lessor, on the other hand, undertook not to evict or interrupt the enjoyment of the lessee if the lessee continued paying…

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