Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 14 & 15--- Constitution of Pakistan (1973), Art.185(3)---Ejectment application by landlord under S.15 on the ground of personal requirement by averring that he had been doing business as hawker and because of advanced age, infirmity and persistent ailment, it was not possible for him to continue the business of hawker---Rent Controller granted ejectment and while appeal against such ejectment order was pending, landlord, after attaining the age of 60 years, served a notice under S.14 of the Ordinance on tenant on 15-11-1985--- Tenant's appeal against ejectment order passed by Rent Controller on landlord's application under S.15 was accepted and ejectment order was set aside ---Lanldord, however, filed ejectment application under S.14, on or about 30-i1-1988 against the tenant which was accepted by Rent Controller and tenant was ordered to be. ejected but High Court in appeal set aside the ejectment ---Validity--- Leave to appeal was granted to consider questions as to whether notice served by the landlord under S.14 of the Ordinance on tenant was valid; whether the landlord's application under S.14 of the Ordinance could be dismissed on the ground that the same was filed after expiry of about 3-1/2 years and whether the landlord's said application under 5.14 was hit by the provisions of S.14(2) of the Ordinance. [p. 718] A (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 14 & 15--- Application under S.14 and application under S.15 of the Ordinance --- Distinction---Application under S.14 by the landlord--- Landlord who fulfils the requirements of S.14 is not required to prove his bona fide need.--[Manzoor Hussain v. Mst. Naheed Akhtar and 14 others 1991 MLD 724; Ghulam Muhammad v. Zahir Ahmad Khan 1986 CLC 681 and Arshad Butt v. Manzoor Ahmad 1992 CLC 723 overruled]. Under section l4, Sindh Rented Premises Ordinance, 1979 a landlord who fulfils the requirements of the above provision, is not required to prove his bona fide need or prima facie need. The law-makers through the above provision wanted to grant benefits to the specified persons to seek ejectment if they fulfilled the…

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