Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Bona fide personal need of landlord---Landlord seeking ejectment of tenant on ground of personal need had simply stated that premises in dispute were required by him for his personal bona fide need as well as for his grand-son and apart from that bare statement, nothing further had been pleaded by landlord to establish his good faith or bona fides--­Landlord was living in another house alongwith 11is family members, therefore, burden was on him to establish need for shifting to premises in dispute from that house, but no evidence had been given by landlord in that respect--­Burden was on landlord to establish good faith or bona fides and that burden would shift to tenant only when such burden had initially been discharged by landlord---Landlord having failed to establish good faith or bona fides by any evidence, Rent Controller rightly exercised discretion in favour of tenant. Haroon Kassam v. Azam Suleman Madha PLD 1990 SC 394 and 1993 MLD 396 ref. JUDGMENT The appellant's application seeking eviction of the respondent from the demised premises on the ground of personal use and default in payment of rent has been dismissed by the learned Second Senior Civil Judge and Rent Controller, Karachi vide her order dated 17-12-1991. Admittedly, no evidence was adduced in respect of the alleged default and therefore, the issue was decided against the appellant but in regard to the other issue the learned Rent Controller found that the appellant had failed to establish her bona fides as required by section 15 of the Sindh Rented Premises Ordinance. 2. The appellant had examined her son and attorney in support of her case before the learned Controller and admittedly out of four flats in the building in question only one flat is in possession of the respondent. When one Mirza Naseer Baig who was a tenant in the said building had left the premises in his occupation in 1978 three out of the four flats were occupied by the appellant's family which included her husband, son and her daughter-in-law. However, thereafter two Bungalows were constructed by the family in Gulshan-e-Iqbal in the name of the…

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