Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (iv)---Impairing material value or utility of premises ---Ejectment application was filed by landlord on ground that tenants by closing stair case of the premises unauthorisedly and without consent of landlord and by raising construction on roof of premises contrary to terms of tenancy had impaired material value and utility of premises---Landlord ought to have examined architect or engineer to show that by additional construction on roof and/or by closure of stair case, material value and utility of premises had been impaired but landlord had not done so---Landlord in circumstances, had failed to prove his case. Charaghdin v. Mushtaq Muhammad PLD 1975 Kar, 1025 ref. (b) Sindh Rented Premises Ordinance (XV11 of 1979)--- ----S. 15 (2)(vii)---Personal bona fide need of landlord---Where contention of landlord regarding his personal bona fide need in respect of premises was consistent with his pleadings and was supported by his evidence on oath and remained unshaken and disproved in rebuttal, same should be accepted as correct. JUDGMENT This First Rent Appeal is directed against the order dated 25-4-1988 passed by the VIth Senior Civil Judge and Rent Controller, Karachi South whereby allowing the eviction application filed by the respondent and directing the appellants to hand over the vacant possession of premises in question to the respondent within 60 days of the order. The facts leading to the filing of the above appeal are that the respondent is a landlord/owner of the building known as Andaleeb Mansion situated on Plot No.RB-11/47, Rambagh Quarters, Abdul Hakim Khan Road, Ratan Talao, Karachi and the tenement No. 13 on the 3rd Floor of the said building was given on rent to late Adamji son of Haji Qasim. The said Adamji son of Haji Qasim died leaving behind Mst. Khatu Bai was widow and the present appellants as the legal heirs and as such Mst. Khatu Bai and other legal heirs became the tenants. Mst. Khatu Bai expired leaving behind the appellants as the only legal heirs. It is the case of the respondent that rent of the premises in question is Rs.170 and is payable on or before 10th of each…

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