| Citation(s) |
|---|
| 1985 SLG 745 1985 SLD 745 1985 SCMR 1302 |
Supreme Court of Pakistan
Civil Appeal No. K-148 of 1983, decision dated: 7-06-1984 (On appeal from the judgment and order of the High Court of Sind at Karachi, dated 25-7 19 3 passed in First Rent Appeal No. 523 of 1983)
ABDUL KADIR SHAIKH, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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Civil Appeal No. K-148 of 1983, decision dated: 7-06-1984 (On appeal from the judgment and order of the High Court of Sind at Karachi, dated 25-7 19 3 passed in First Rent Appeal No. 523 of 1983)
ABDUL KADIR SHAIKH, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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Law:
Section:
(a) Constitution of Pakistan (1973)---Art.185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.14--Ejectment- -Personal need of landlord--Leave granted to consider whether bona fide of requirement of landlord was relevant consideration for purpose of eviction under S.14, as leave had already been granted on similar point in another case. (b) Sind Rented Premises Ordinance (XVII of 1979)-- ---S. 14--Ejectment--Porsonal requirement of landlord--Rent Controller, upon assessing evidence adduced before him, coming to conclusion that landlord in good faith required premises for establishing business he was previously doing--Concurrent finding of two Courts below, supported by evidence on record being that requirement of landlord was for bona fide personal use, held, not liable to be reopened--Appeal dismissed. K.P. Moidoo v. Mst. Noor Jahan Begum Appeal No. K-307 of 1982 ref. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--This is an appeal by special leave from an order, dated 25-7-1983 passed by a learned Single Judge of the Sind High Court dismissing the appeal filed by the appellant against the order of his eviction from the shop premises let out to him by the respondent situated at Commercial Area, Liaquatabad, Karachi. The Rent Controller had ordered the appellant's eviction under section 14 of the Sind Rented Premises Ordinance, 1979 vide order, dated 26-5-1983. 2. Leave was granted in this case to consider the contention of the appellant that it was necessary for the landlord under section 14 of the Sind Rented Premises Ordinance, 1979 to satisfy the Controller that he required the premises bona fide for personal use before he can succeed to obtain the eviction of the tenant. This Court was persuaded to grant leave in this case on the question whether the bona fide of the requirement of the landlord is a relevant consideration for the purpose of eviction under section 14, as this Court had already granted leave to appeal in Civil Petition for Special Leave to Appeal No. K-307 of 1982 K.P. Moidoo v. Mst. Noor Jahan Begum. In that case a plea in defence was raised by the tenant to the effect that the landlord did not in fact need theβ¦
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