Case Details

Citation(s)
1994 SLG 704 1994 SLD 704 1994 SCMR 971
Supreme Court of Pakistan
Civil Petition No. 245 of 1992, decision dated: 6-10-1992
MUHAMMAD AFZAL ZULLAH, C.J. AND WALI MUHAMMAD KHAN,, J

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Mrs. FAKHRA JAVED

NOOR ALI

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord ---Ejectment of tenant from shop in question on ground of personal need of landlady for starting business of garments and boutique--­Leave to appeal was granted to consider, whether to start business of garments and boutique actual training of landlady in the business in question or possession of a certificate was a condition precedent for eviction of tenant on ground of bona fide personal need. ORDER WALL MUHAMMAD KHAN, J.---Mrs. Fakhra Javed, landlady/petitioner herein, seeks leave to appeal against the judgment dated 18-5-1§92 passed by a learned Single Judge of the Sindh High Court as an Appellate Court under the Sindh Rented Premises Ordinance against the order dated 18-9-1990 passed by the Rent Controller, ordering eviction of the tenant Noor Ali, respondent herein, from Shop No.1, Building No.663-C/2, Central Commercial Area, PECHS, Karachi, whereby the order of the Rent Controller was set aside and, in consequence, the application of the petitioner/landlady was dismissed. It was averred in the petition for eviction that the petitioner purchased the suit property alongwith other property from Mrs. Hasina Begum and soon thereafter served a legal notice dated 29-4-1986 on the tenant/respondent herein as well as one Moizur Rehman, a tenant of the adjoining Shop No.2 for vacation of the shops in their respective possession and handing over their possession to the petitioner. On the refusal of the tenants two separate applications for the eviction of the tenants were filed in the Court of Rent Controller, inter alia, on the ground of personal need. The learned Rent Controller allowed both the eviction petitions but on appeal the orders of the Rent Controller were set aside. The instant petition for leave to appeal is directed against the order of the High Court regarding eviction of the respondent from suit Shop No.l. However, the petition for leave to appeal against the order of the…
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