Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Personal bona fide need of landlord---Landlady in her affidavit-in-evidence had stated that she required house in dispute for her personal use and use of one of her sons---Landlady had further stated that she was residing in a rented house with her son and that accommodation presently in her possession was neither sufficient nor was suitable for her--­Landlady had also stated that she has no house of her own except house in dispute---Landlady was cross-examined at length but it could not be extracted from her that she owned any other house in the locality or anywhere else--­Burden was on tenant to prove that landlady owned house other than disputed one, but he failed to do so---Findings of Rent Controller that personal bona fide need of landlady in respect of premises in dispute had not been proved, were based on inferences and surmises---Mere fact that one of the other sons of landlady owned a house would not debar landlady from seeking ejectment of tenant from her own property which she required in good faith for her personal use. JUDGMENT The facts giving rise to this appeal by the landlady are that the appellant landlady had filed the Rent Case bearing No. RA. 456 of 1980 against the present respondent seeking his ejectment on the ground of personal requirement. Her case is that house No.B/1004, Advani Lane Hyderabad was owned by Messrs Muhammad Sharif, Rafiq Ahmad, Anwar Ahmed, Mst. Khushnodi and the present appellant, who is the mother of the aforesaid co­sharers, jointly. All the other co-sharers have subsequently gifted away their shares to the present appellant. The respondent is a tenant in the said house at monthly rent of Rs.425 per month. The present appellant after having received the aforementioned gift of the co-sharers in the said house had sent such notice to the respondent under section 18 of the Sindh Rented Premises Ordinance, 1979 and in consequence of such notice the respondent had sent the rent which was received by the landlady. However, the landlady requires the said premises for her personal bona fide use as well as the use of her son Rafiq Ahmed, who has seven…

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