Case Details

Citation(s)
1997 SLG 584 1997 SLD 584 1997 CLC 286
Sindh High Court
First Rent Appeal No.739 of 1994, decision dated: 10-07-1996, hearing DATE : 26-05-1996
NAZIM HUSSAIN SIDDIQUI, J
Sultan Ahmed Sheikh .for Appellants. Rahmat Elahi for
Respondents

NATIONAL BANK OF PAKISTAN and another

VS

IQBAL BANO and 5 others

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2)(vii)---Bona fide personal need of landlord---Landlords seeking ejectment of tenant on ground of personal bona fide need had fully proved that they were jobless and wanted to start their own business in the premises and that they had no other property except the premises in question---Plea of personal requirement of landlord was resisted by tenant simply stating that landlord did not have resources to establish their business---Lack of resources could not be a valid ground to negate plea of personal requirement of landlord for bona fide use---Landlords having fully proved that they bona fide needed premises to start their own business therein, Rent Controller rightly ordered ejectment of tenant on ground of personal bona fide need of landlords. Anwar Jehan v. Ismail Khan 1984 CLC 2849; Sultan Press Ltd. v. Muhammad Hasan PLD 1985 Kar. 624; Messrs Eastern Express Co. Ltd v. Tariq Hameed PLD 1986 Kar. 84; Muhammad Yameen v. Yousuf Lakhani 1986 CLC 1507; Muhammad Aslam v. Muhammad Aslam 1987 CLC 686; Khawaja Imran Ahmed v. Noor Ahmed and another 1992 SCMR 1152 and Sira Bai v. Syed Anisur Rehman 1989 SCMR 1366 ref. JUDGMENT This appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 hereinafter called the Ordinance, is directed against the Order dated 3-11-1994, passed by the then IInd Rent Controller, Karachi, East, whereby the appellants were directed to hand over vacant possession of the premises in question to the respondents within 60 days from the date of said order. The facts relevant for decision of this appeal are as follows: The respondents on 22-10-1992 had filed the Rent Application No.805/1992 against the appellants for their eviction from the premises being a part of the building constructed on plot bearing No.SOL-B-270/71, Soldier Bazar, Karachi, on the ground of personal bona fide requirement. It is the case of the respondents that respondent No.1 is a widow of late Muhammad Siddiq Mannan, respondent No.2 is his daughter and the respondents Nos.3 to 5 are his sons. The appellants are tenants of the respondents in respect of said premises at monthly rent of Rs.2,600. Aforesaid…
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