Case Details

Citation(s)
1993 SLG 1063 1993 SLD 1063 1993 CLC 2370
Sindh High Court
F.R.A. No. 96 of 1989, decided on 17th January, 1993. DATE of hearing: 14th September, 1992
HAZIQUL KHAIRI, J

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ZAMEER AHMED

VS

BUSHRA FAYAZ

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (vii)----Personal bona fide need of landlord---Landlady seeking ejectment of tenant on ground of personal bona fide need had claimed that her husband being a qualified Automobile and Diesel Engineer wanted to run a car show room of new and old cars at premises in dispute---Husband of landlady had himself admitted that landlady had in her possession two other shops on ground floor of the premises which were already in her possession--­Husband of landlord had further admitted in cross-examination that he was carrying on another business of workshop at another place and also admitted that he had been dealing with sale and purchase of cars and their repairs at Petrol Pump which also was being run by him---Non-disclosure of those two shops in landlady's own possession in same building and her concealment of other material facts, had created great doubt as to her credibility and good faith disentitling her to obtain ejectment order in her favour. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (vii)---Personal bona fide need of landlord---Landlady had claimed that she required premises in dispute for use of her children who were grown up---Requirement of landlady for her children was in general and vague terms and was met by general denial by tenant---Nowhere she had disclosed as to number of her children, their names, ages and sex and other particulars about them---Landlady having failed to place any material as to her requirement for her children, it was palpably erroneous on part of Rent Controller to have inferred that she required premises in good faith---Landlord seeking ejectment of tenant has to give necessary particulars of his requirement of premises so as to establish his bona fides and to enable tenant to put up his defence otherwise ground of personal bona fide need would fail. Hajra Bai v. Aisha Bai 1982 CLC 1444; Fasahat Ali v. Noor Jehan Begum 1991 CLC 1902; Zaheeruddin v. S. Riaz Ahmed 1991 CLC 1512; Haji Zainulabedin v. Mst. Sharifan Begum 1991 CLC 1515; Muhammad Arif v. Chaudhry Gulzar Ahmed 1991 CLC 1850; Muhammad Saleem Anwar v. Parly International 1991 CLC…
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