Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vi)---Reconstruction of premises---Landlord who wanted to construct a stair-case leading from place where shop in dispute was situated had duly obtained necessary sanction for such reconstruction or erection from Authority competent under law---Obtaining of sanction for reconstruction by landlord was not disputed by tenants, but had they simply contended that sanction was obtained by landlord at their back and without notice to them--­Tenant could not show that they were entitled to a notice of hearing by Authority competent to accord such sanction---Rent Controller thus rightly concluded that premises were required by landlord for personal bona fide use for construction of stair-case. Abdul Bari v. Khadim Hussain PLD 1978 SC 78; M/s. Ismail Brothers v. Kaval Ram 1980 SCMR 776 and Dawood v. Muhammad Yaseen PLD 1982 SC 227 ref. JUDGMENT This Appeal under section 21 of the Sindh Rented Premises Ordinance 1979, hereinafter to be referred as the Ordinance, is directed against an order dated 30-11-1989 passed by VI Senior Civil Judge & Rent Controller (South) Karachi, directing appellants' eviction from a portion of the premises bearing No.SB-1/23, Ghadially Building, Preedy Street, Saddar, Karachi, hereinafter to be referred as the disputed premises. 2. Briefly stated the facts are that respondents filed application under section 15 of the Ordinance against appellants and stated that they were landlords of the commercial premises where they were running Ghosia Restaurant. Some shop cabins were made or carved out in the said building and one of such cabin-shops (measuring 8/1-2 X 3") was given to the appellants at the rate of Rs.200 per month. The appellants were inducted as licencees but as they claimed to be the tenants, they were subsequently treated as such, and their status as a tenant was notified to them through a notice dated 8-9-1986 which was duly served. It was further pleaded that without permission of respondents, the appellants had parted with possession of the said shop and delivered the possession to Muhammad Naeem and Muhammad Waseem. It was also stated that there was a family…

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