Case Details

Citation(s)
1989 SLG 922 1989 SLD 922 1989 PLD 356
Supreme Court of Pakistan
Civil Appeal No.250-K of 1986, decision dated: Ist February, 1989.
ABDUL KADIR SHAIKH, JAVID IQBAL AND NAIMUDDIN, JJ
Rehanul Hassan Farooqi, Advocate Supreme Court instructed by Abdul Alim K. Talib, Advocate-on-Record for Appellant. Abdul Hafeez Lakho, Advocate Supreme Court instructed by A.Aziz Dastgir. Advocate-on-Record ,

Hafiz ABDUL MALI K

VS

MUHAMMAD ILYAS

Law:

Section:

(a) Sind Rented Premises Ordinance (XVII of 1979)-----S. 14--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider as to whether landlord admittedly being over sixty years of age was not entitled to get the tenant evicted from the premises under the provisions of S.14 of the Ordinance. (b) Sind Rented Premises Ordinance (XVII of 1979)-- ---S. 14--Personal need of landlord--Landlord, above sixty years of age, had no other house or property except the disputed premises and had been residing with one son or the other--Landlord had been involved in litigation for getting the tenant evicted since 1967 but he did not succeed uptil 1982---Landlord again filed another case against the tenant on the point of default but withdrew the same and filed fresh application under S.14 in 1983--Held, all this litigation indicated on the part of landlord, that there was genuine personal need on his part to get the tenant evicted, so that he' could himself reside therein instead of living with one son or the other who may have not even been agreeable to have the old man reside with them--Landlord thus acted in good faith and proved his bona fide requirement--Tenant was ordered to be evicted. JUDGMENT JAVID IQBAL, J:--This appeal filed by Hafiz -Abdul Malik appellant-landlord is directed against the judgment of learned Single Judge of the High Court of Sind, dated 24th November, 1985 whereby the appeal of the appellant was dismissed and order passed by the Rent Controller dismissing the application of the appellant for respondent's (Muhammad Ilyas) eviction was upheld. Briefly the facts are that the appellant is the landlord of the disputed premises whereas the respondent is the tenant thereof. The appellant filed rent case under section 14 of the Sind Rented Premises Ordinance, 1979 for the eviction of the respondent from the said premises on the grounds that he was aged more than sixty years and that he required the premises for his bona fide use. His contention was that he did not own or possess any other house or property anywhere in Pakistan and that presently he was residing with one of his sons. In support of the contention that he was over sixty…
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