| Citation(s) |
| 1993 SLG 384 1993 SLD 384 = 1993 CLC 148 |
Sindh High Court
First Rent Appeals Nos.107 and 1081 of 1990, decision dated:22-09-1992
ABDUL RAHIM KAZI, J
Muhammad Javed for Appellant. Muhammad Sadiq for
Respondent
ABDUL MAJEED SHAHID
VS
Syed ABDUL BASHIR
Law: Sindh Rented Premises Ordinance (XVII of 1979)
Section: 15,15(2)(vii)
Law: West Pakistan General Clauses Act, (IV of 1956)
Section: 2(27)
(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15 (2) (vii)---Personal bona fide need of landlord---Landlord could resort to proceedings under S. 15 (2) (vii) of Ordinance, 1979 where he required premises "in good faith" for his own use or that of his spouse or any of his children, but provisions contained in that section were not applicable to seek ejectment of tenant for requirement of his brothers.(b) Sindh Rented Premises Ordinance (XYII of 1979)-------S. 15 (2) (vii)---Personal bona fide need of landlord---Landlord seeking ejectment of tenant on ground of his personal requirement had clearly stated that he had purchased premises in dispute to run his own business therein--�Landlord had stated that he wanted to open a general store for which he had sufficient funds---Business of running a general store did. not require any special or technical qualification or know-how---Landlord had fully established that he did not own or occupy any other premises in the locality and that he was not engaged in any other business, profession or calling---Personal bona fide requirement of landlord in respect of premises in dispute had fully been proved in circumstances.(c) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15 (2) (vii)---Personal bona fide need of landlord---Where landlord had sought ejectment of tenant on ground of personal need, initial burden was on landlord to prove that he required premises in dispute for his personal use in "good faith"---Pertinent requirement was that he should show that such requirement was in "good faith"---Good faith could be gathered from circumstances of each case---No hard and fast rule can be laid down as every case has to be judged on basis of its own peculiar circumstances---Demand for possession of premises in dispute must be honestly made and honesty is a state of mind and is a psychological fact capable of proof or disproof only by evidence or conduct---If landlord had led evidence to show reasonableness of his need, he would be said to have satisfied conditions mentioned in S. 15 (2) (vii) of Ordinance, 1979.Muhammad Aslam Manghi v. Muhammad Aslam Zuberi 1986 CLC 686; Samilullah v. Mst. Begum Jehan…
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