Law:

Section:

(a) Civil Procedure Code (V of 1908)--S. 100---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider, whether High Court had erred in reversing fording of fact recorded by First Appellate Court in the limited scope of exercise of powers in second appeal. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Personal . need---Issue of---On issue of personal need, assertion or claim on oath by landlord if consistent with his averments in his application and not shaken in cross-examination, or disproved in rebuttal, was sufficient to prove that need was bona fide. Pathana v. Mst. Wasai and another PLD 1965 S.C. 134 ref. Hassan Khan v. Mrs. Munawar Begum PLD 1976 Kar. 832 and Mst. Toheed Khanam v. Muhammad Shamshad 1980 SCMR 593 rel. (c) Civil Procedure Code (V of 1908)-- ----Ss. 96 & 100---Finding of fact recorded by First Appellate Court on basis of evidence on record---Such finding was not open to interference in second appeal. National Bank of Pakistan v. Messrs A.B.C. Chinese Restaurant 1987 MLD 625; Muhammad Yousuf and another v. Abdul Lateef Khan 1987 MLD 2800 and Mrs. Shahnoor Fazal v. Ghulam Akbar Mangi 1987 SCMR 2051 rel. JUDGMENT SAJJAD ALI SHAH, J.--In this appeal before us appellant is tenant (hereinafter to be referred as tenant) and respondent namely; State Bank of Pakistan are owners and landlords (hereinafter to be referred as the Bank), in respect of tenement which is a portion of godown at rental of Rs.600 per month. The Bank. filed ejectment application under section 13(3)(ii) of West' Pakistan Urban Rent Restriction Ordinance, 1959 (hereinafter to be referred as the said Ordinance), which was registered as Rent Case No.649/1973, in the Court of XIth Civil Judge and Rent Controller, Karachi, on the ground that demised premises were required for personal use. In the written statement a' claim of the Bank was denied and disputed on the ground that the Bank had purchased entire property of State Bank of India including the portion which is tenement, hence when several accommodations were available, requirement as stated, was not bona fide. In evidence Bank has examined, in support 6,f its case. PW-1…

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