Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2)(vii)---Personal bona fide need of landlord --Landlord had admitted that first floor of premises in dispute which could eaisly be used by him for his purposes was lying vacant---When vacant premises were lying in landlord's possession,-obligation was placed upon him to explain as to why said premises were not suitable for his need---Landlord having failed to explain as to why premises lying vacant was not suitable for his `needs, his bona fide need in respect of premises in dispute was not established. Mrs. Shahnoor Faza v. Ghulam Akbar Mangi 1987 SCMR 2051 and Ghulain Haider v. Abdul Ghaffar 1992 SCMR 1303 ref. Muhammad Ismail Memon for Appellant. Zamiruddin for Respondent. Date of hearing: 16th January, 1994. JUDGMENT This appeal was allowed by me today for reasons to .he recorded subsequently: I now proceed to record reasons for the short order. 2. The respondent had sought ejectment of the appellant from the demised premises situated on Plot No.207, C-11, P.E.C.H.S., Karachi consisting of three rooms. The ejectment application was filed by the respondent through, his son and attorney, Dr. Waris Oidwai. According to the case of the respondent, the premises were required by him for use of his another son, Dr. Sohail Zamir who was, " a doctor by profession and wanted to use the demised premises for residential purposes and one of the rooms was required to be used as a drawing room for his patients desiring to visit him for treatment and advice. The appellant, according to the respondent, had also failed to pdy electricity charges from January, 1989 to February, 1.990 amounting to Rs.695.60 due for consumption of 856 units of electricity and had thus made himself liable for 'ejectment on such ground as well. 3. The case of the respondent was resisted by the appellant, according to whom, the claim of the respondent that the premises were required for personal use of Dr. Sohail Zamir was not bona fide. The appellant also denied the other claim of the respondent viz. that he was liable to pay electricity charges to the respondent over and above the rent. 4. The learned Controller although was not…

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