Case Details

Citation(s)
1994 SLG 1171 1994 SLD 1171 1994 CLC 2141
Sindh High Court
First Rent Appeal No. 944 of 1986, decision dated: 9-09-1993
MUHAMMAD ASLAM ARAIN, J

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MUHAMMAD SANAULLAH

VS

MEHRAN FEED INDUSTRIES LTD. and others

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Bona fide personal need of landlord---Landlord not approaching Court with clean hands and good faith---Effect---Landlord's attempt to seek eviction of tenant from the premises for his own use was not accepted in earlier round of litigation---Landlord, after such finding which had attained finality, filing subsequent ejectment application on the ground that such premises were required for his dependents---Material on record showed that landlord in subsequent ejectment application did not approach the Court with clean hands and good faith and bona fide need urged by him was not proved---Landlord's second ejectment application was rightly dismissed by Rent Controller and no interference was called for in circumstances. Hafiz Abdul Malik v. Muhammad Ilyas PLD 1989 SC 356; Khawaja Muhammad Abdullah v. Shat Faiz Muhammad 1980 SCMR 974; Ahmed Din and another v. Muhammad Aslam Hadi 1981 SCMR 732; Muhammad Molisin v. Rent Controller and others PLD 1985 SC 327; Syed Arif Shah v. Abdul Hakim PLD 1986 Kar. 189; Mst. Begum Jan v. Abdul Rasool 1984 CLC 755; Akhlaq-un-Nabi v. Nawab Ahmed Shamsi and 6 others 1986 CLC 1100; Makhtar Ahmed v. Muhammad Saleem Bakhshi 1991 CLC 1047; Fida Hussain v. Noor Muhammad Bana 1985 CLC 3014 and Faqir Muhammad and others v. Muhammad Bibi and others PLD 1991 SC 590 ref. Abdul Wajid Wyne for Appellant. Nemo for Respondent No. 1. K.B. Bhutto for Respondent No. 2, Date of hearing: 7th April, 1993. JUDGMENT This is appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 (hereinafter to be mentioned as `the Ordinance') is directed against the order dated 11-10-1986, passed by the IVth Senior Civil Judge and Rent Controller, Karachi-West in Rent Case No. 4595/81, whereby ejectment application filed by the appcllant against the respondents is dismissed. 2. Appellant Muhammad Sanaullah, who filed ejectment application, stated that he is the owner and landlord of constructed area of 33 sq. yards on Plots Nos. 19,20 and 21 situated in Sub-Block E, Block-3, Nazimabad, Karachi and the respondents are his tenants in the said shops on monthly rent of Rs.200. Appellant further stated…
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