Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S. 15---Ejectment sought on bona fide need of landlady's son---Landlady's son not appearing as a witness to prove his bona fides---Effect---Bona fides of landlady's son could be established by examining attorney of landlady-Non�appearance of son would not be fatal to landlady's claim for eviction on ground of requirement by her son.Dilshad Muhammad v. Mst. Zubaida Begum 1981 SCMR 895; Zahooi Din v. Mirza Ayub Baig 1981 SCMR 1081 and Ghulam Qadir v. Rehmatullah PLD 1979 Lah. 382 rel.(b) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Landlady's requirement would not lack bona fides if she wanted her son to be established in business in demised premises instead of remaining employed.(c) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Requirement of shop for industrial purposes---Land comprising shop in question, was leased out to landlady for commercial purposes and not for industrial purposes---Effect---Where landlady was using or intended to use premises for purpose which was not, allowed by the lease of the land on which, shop in question was constructed, lessor alone, could object and seek his remedy for breach of covenant, if any---Objection raised by tenant as to possible user by landlady's son was misconceived.(d) Sindh Rented Premises Ordinance (XVII of 1979)-------S.15---Landlady's application for two shops separately without specifying in either application that one shop would not be sufficient for her son's need--�There being no evidence on record that landlady needed both shops, she was allowed to have possession of only one shop---Eviction order relating to other shop was set aside in circumstances.JUDGMENT NAIMUDDIN, J.--We propose to dispose of these two appeals by this common judgment. Appeal No. 698-K of 1990 is directed against the judgment of the Sindh High Court dated 25-11-1989 passed in Appeal No. 974 of 1986, whereby the High Court allowed the appeal of the respondent/landlady and set aside the order of the Controller dated 21-9-1986 dismissing the application for eviction of the appellant from a shop premises. Civil Appeal No.699-K of 1990 is from the…