Case Details

Citation(s)
1993 SLG 505 1993 SLD 505 1993 SCMR 67
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.1-K of 1992, decision dated: 24-02-1992(On Appeal from the judgment dated 21-11-1991 of the High Court of Sindh at Karachi- in F.R.A. No.1081 of 1986)
AJMAL MIAN AND SAJJAD ALI SHAH, JJ

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AGARIA AMIR ALI

ABDUL MAJID

Law:

Section:

(a) Sindh Rented Premises-Ordinance (XVII of 1979)--­S.15---Personal bona fide need of landlord--- Landlord was not required to give fullest possible description of personal use of property in ejectment application, where he had clearly mentioned that he needed premises in question, for his personal use as he had no such place which could be used by him in his work as Building Contractor. (b) Constitution of Pakistan (1973)--­ ----Art.185(3)---Where finding of High Court was very much consistent with the evidence on record and also in accord with the principles of law, no interference was warranted with such finding---Leave to appeal was refused in circumstances. JUDGMENT SAJJAD ALI SHAH, J.---Petitioner, who is tenant, seeks leave to appeal against the judgment dated 21-11-1991 of the learned Judge of the High Court of Sindh at Karachi whereby F.RA. No.1081 of 1986 is allowed, reversing the order of the Rent Controller and granting eviction on the grounds of default and personal need. Briefly stated facts in the background are as under. Respondent/landlord filed Rent Case No.5783/1978 in the Court of IIIrd Rent Controller at Karachi for eviction of tenant under section 13 of the West Pakistan Urban Restriction Ordinance, 1959, on the grounds of default, personal need and alterations. Tenant is in possession of three shops on the ground floor of the building since 1973. Initially, rent was Rs.60 per month which was subsequently enhanced to Rs.200. Landlord claims that there was default in payment of rent for 28 months and further the tenant has removed the partition walls of the shops and converted the premises into a factory. Third ground urged is that the premises are required by the landlord for his personal use as he is a Contractor and is doing the construction work. In the written statement the relationship of parties as landlord and tenant is admitted but the fact that the rent is enhanced to Rs.200 is denied alongwith allegation of default. Tenant, it appears, was minor, as such rent was paid by his father, Haji Ahmed in presence of witnesses, and landlord did not issue receipts. Landlord stopped receiving rent from April, 1978 and also refused money…
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