| Citation(s) |
|---|
| 1985 SLG 1029 1985 SLD 1029 1985 SCMR 1960 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 93-K of 1985, decision dated: 27-05-1985 (On appeal from the judgment of the High Court of Sind, dated 20-1-1985, in F.R.A. 786 of 1983)
ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
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Civil Petition for Leave to Appeal No. 93-K of 1985, decision dated: 27-05-1985 (On appeal from the judgment of the High Court of Sind, dated 20-1-1985, in F.R.A. 786 of 1983)
ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
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MUHAMMAD ABDUL RAUF
VS
. Mst. MAHMOODA BEGUM---Respondent
Law:
Section:
Constitution of Pakistan (1973)----Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), Ss.14, a 21--Ejectment--Personal need of landlady aged 60 years--Landlady living with her husband in a better house--Ejectment sought for personal need of landlady--Inference by Rent Controller that her plea of personal requirement was mala fide, held, palpably erroneous and unsustainable-Wife could independently hqf3property and there was no embargo against her assertion of right to live in her own house--Ejectment order upheld. Q.M. Rasheedi, Advocate Supreme Court and M.A.I. Qarni, Advocate-on-Record for Petitioner. Akhtar Mehmood, Advocate-on-Record for Respondent. Date of hearing: 27th May, 1985. ORDER ZAFFAR HUSSAIN MIRZA, J.--This petition for leave to appeal arises out of judgment dated 20th January, 1985, by a learned Single Judge of the Sind High Court dismissing the appeal of the petitioner under section 21 of the Sind Rented Premises Ordinance, 1979. 2. The petitioner was the tenant of the respondent at the rate of Rs.45 per month in respect of flat No.3, Rochi Ram Chandoo Mal Building, Lidgah, M.A. Jinnah Road, Karachi. The respondent filed an application under section 14 of the Sind Rented Premises Ordinance, 1979, against the petitioner for his summary eviction on the ground that the respondent had attained the age of 60 years and needs the demised premises for personal use. The petitioner resisted the application for his ejectment and denied that the premises were required by the respondent for her personal bona fide use and occupation. Upon the evidence adduced by the parties the learned Rent Controller held that the requirement of the respondent was not bona fide in view of the established fact that she was living with her husband in another house which had much better accommodation as compared with the disputed premises which consists of a flat. Learned Rent Controller accordingly dismissed the application of the respondent by his order dated, 24th September, 1983. On appeal by the respondent the learned Judge in the High court took the view that the Rent Controller while deciding an application under section 14 of the Sind Rented Premises…
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