Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (vii)---Personal bona fide need of landlord---Landlady who had taken over vacant physical possession of another premises from another tenant during pendency of appeal against her in respect of premises in dispute, had contended that premises got vacated by her from other tenant was not suitable for his requirement---Such submission was not elaborated any further by landlady except that it was her prerogative to choose premises where she would like to reside and that she could not be forced to continue to live in premises which was in her occupation---Question of prerogative to choose premises; would not arise where landlord though in possession of another premises owned by him, had failed to establish unsuitability of premises occupied by him---Ground of personal requirement after taking over possession of other premises, was no more available to landlady in circumstances. Muhammad Ilyas v. Hussain Sadak 1990 ALD 415 (1) ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15(2)(ii)---Default in payment of rent---No written tenancy agreement existed between parties and rent due for relevant month was tendered by tenant through Bank draft sent under postal cover within grace period of 60 days allowed by law---On refusal of landlady to receive Bank draft, payment of rent was repeated by tenant by another Bank draft which was also refused by landlady tenant, thereafter tendered two months' rent through Bank draft which was also refused by landlady---All Bank drafts were despatched to landlady at same address which was disclosed by her in eviction application filed against tenant---Tenant had not committed default in payment of rent in circumstances. JUDGMENT This appeal is directed against the order dated 12-10-1983 passed by the Ist Senior Civil Judge and Rent Controller, Hyderabad, allowing Rent Application No.44 of 1983 filed by the respondent against the appellant for his eviction. 2. The appellant is tenant in respect of the premises situated on second floor of the building, on plot bearing C.S. No.D/870, on monthly rent of Rs.55 The eviction was sought on the grounds of default…

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