| Citation(s) |
|---|
| 1994 SLG 1081 1994 SLD 1081 1994 CLC 1656 |
Sindh High Court
F.RA. No. 172 of 1990, decision dated: 25-10-1992
QAISAR AHMAD HAMIDI, J
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F.RA. No. 172 of 1990, decision dated: 25-10-1992
QAISAR AHMAD HAMIDI, J
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Mst. ZOHRA KAZMI
VS
SAMI AHMAD and another
Law:
Section:
(a) Qanun-e-Shahadat (10 of 1984)-------Art. 31---Civil Procedure Code (V of 1908), O.VIIl, R.1---Admission of a fact made in written statement can be used as evidence: --[Admission]. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Qanun-e-Shahadat (10 of 1984), Art. 30---Relationship of landlord and tenant---Apart from admission of tenant in his written statement wherein, he had acknowledged his tenancy, there was sufficient evidence on record to establish relationship of landlord and tenant between the parties. Nazir Ahmad Khan and 2 others v. Muhammad Ashraf Khan and 3 others PLD 1975 Kar. 598 and Mst. Khair-ul-Nisa and 6 others v. Malik Muhammad Ishaque and 2 others PLD 1972 SC 25 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal need of landlord---Landlord residing out of country would have a right to occupy his own premises on his return from the country where he was presently residing---Person proved to be an unauthorized occupant had no right to rebut evidence of landlord that he needed his own house for his own occupation---Evidence produced by landlord would be deemed to have gone unrebutted on the question of his bona fide, need in circumstances. S. Ansar HuSSaln for Appellant. Muhammad Ahsan Shaikh for Respondent No. 1. Nemo for Respondent No. 2. Date of hearing: 13th August, 1992. JUDGMENT This appeal filed under section 21 of the Sindh Rented Premises Ordinance, 1979, has arisen in somewhat unusual circumstances. 2. On 2-7-1986 the respondent No. 1 filed an application of eviction under section 15 of the Sindh Rented Premises Ordinance, 1979, against respondent No. 2 (Rent Case No. 464 of 1986), claiming him as his tenant on monthly rent of Rs.1,200 in respect of House No. 7/B, Block-II, PECH Society, Karachi. It was alleged that respondent No. 2 was a habitual defaulter and he was in arrears for 18 months till 20-6-1986. It was also averred in the application for ejectment that the respondent No. 1 required the premises for his personal bona fide use. On 10-12-1986 the appellant made an application before the Rent Controller for joining her as a party in the said case on the ground thatβ¦
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