Case Details

Citation(s)
1995 SLG 542 1995 SLD 542 1995 SCMR 212
Supreme Court of Pakistan
Civil Appeal No. 45-K of 1992, decision dated: 20-05-1992.
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ
A.S. Pingar, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record for Appellant. Iqbal Kazi, Advocate Supreme Court and KA. Wahab, Advocate-on-Record

ABDUL QAYYUM

VS

Lt: Col. (Recd.) JAMILUR REHMAN OURESHI

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)------S. 14---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine whether the High Court should not have set aside order of dismissal of ejectment application passed by Rent Controller for the reason that requirement was not bona fide in view of admissions by landlord in his deposition to the effect that one shop (out of two) was lying vacant with him and advertisement was published in newspaper to have that shop rented out. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 14---Constitution of Pakistan (1973), Art. 185---Bona fide personal need of landlord---Whole deposition of landlord should be read in the light of pleadings of parties---When objection was raised in written statement about the availability of one vacant shop, landlord had explained in his affidavit-in--evidence that he had not rented out adjacent shop lying vacant with him for the reason that he proposed to use both shops to run his business---Landlord when confronted with the publication of advertisement, admitted factum of advertisement but explained that it was inadvertently got published by his cousin without his permission and it was not acted upon as the shop was still with him and had not been rented out---Requirement of landlord was, thus, bona fide and in support thereof, sufficient evidence of satisfactory nature was produced by him ---Ejectment of tenant on such ground was thus, correct and valid. JUDGMENT SAJJAD ALI SHAH, J: --This appeal with leave of the Court is directed against judgment dated 17-11-1991 of learned Single Judge of the High Court of Sindh at Karachi, whereby F.RA. No. 182/90 is allowed and in the result eviction is granted on the ground of bona fide personal requirement. 2. Briefly stated the relevant facts giving rise to this appeal are that appellant and respondent herein are tenant and landlord respectively (to be referred hereafter as such) of premises in question in respect of which landlord filed Rent Case No. 68/1984 under section 14(4)(b)(i) of Cantonments Rent Restriction Act, 1963, for eviction on the ground of requirement in good faith for his own use.…
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