| Citation(s) |
|---|
| 1986 SLG 211 1986 SLD 211 1986 SCMR 1695 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 298-K of 1985, decision dated: 3rd February, 1986.
ABDUL KADIR SHAIKH AND S.A. NUSRAT, JJ
Abul Khair, Advocate Supreme Court. Nemo.
Civil Petition for Special Leave to Appeal No. 298-K of 1985, decision dated: 3rd February, 1986.
ABDUL KADIR SHAIKH AND S.A. NUSRAT, JJ
Abul Khair, Advocate Supreme Court. Nemo.
ANSAR AHMED
VS
JAWED SALAHJEE
Law:
Section:
Constitution of Pakistan (1973)----Art. 1.85(3)--Sind Rented Premises Ordinance (XVII of 1979), S.21--Misreading of evidence-- Ejectment ordered by Rent Controller on ground of default and bona fide personal need of landlord--High Court taking contrary view on both points--Leave to appeal granted to consider plea about misreading of evidence and whether view taken by High Court was erroneous. JUDGMENT ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court, dated 25-4-1985 allowing an appeal filed by respondent and in result setting aside the order of eviction passed against him by the Rent Controller on an ejectment application filed by petitioner landlord. Learned Rent Controller passed the aforesaid order as he, after recording evidence produced by the parties, reached the conclusion that respondent-tenant was proved to be a defaulter in payment of electric charges and the petitioner also bona fide required the demised premises for his personal use. In regard to the later view, this is what the learned Rent Controller observed in his order: "It is not disputed that the applicant, has 12 members of the family, out of them 4 are sons and 4 are daughters. Out of them, two sons of the applicant are married. The premises in occupation of the applicant consists of 3 bed rooms. Two sons of the applicant are married, therefore, naturally they need two rooms for their living. There remains one bed room for two sons and 4 daughters of the applicant including the applicant himself. It will be very difficult for the applicant to keep his remaining children in one bed room. Naturally the applicant requires more accommodation to keep his children ................ . . . . . . . .. . Considering the large family of the applicant I am satisfied that the accommodation available with the applicant is insufficient for his family. The applicant requires the premises in question for keeping his family members in good faith and bona fidely. I am of the view that the premises in question is required by the applicant for his personal use and for the use of his family members. On appeal at respondents instance, learned…
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