| Citation(s) |
|---|
| 1995 SLG 1063 1995 SLD 1063 1995 CLC 931 |
Sindh High Court
First Rent Appeal Nor 7 of 1994,, decision dated: 30-06-1994, hearing DATE : 24-04-1994
MUKHTAR AHMED, JUNEJO, J
Kazi Munawar Alt for Appellant. Raja Khan for
Respondent
First Rent Appeal Nor 7 of 1994,, decision dated: 30-06-1994, hearing DATE : 24-04-1994
MUKHTAR AHMED, JUNEJO, J
Kazi Munawar Alt for Appellant. Raja Khan for
Respondent
MUHAMMAD USMAN
VS
IQBAL HUSSAIN KHAN
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)-------Ss.14 & 15---Benefit of S.14, Sindh Rented Premises Ordinance, 1979--Provision contained in S.14 of the Ordinance was meant to benefit inter alia certain category of landlords who were about to retire or had retired or who were about to cross particular age---Such provision is in addition to those normal provisions contained in S.15 of the Ordinance about eviction of tenants on fulfilment of certain conditions mentioned therein. Syed Muhammad Haider Zaidi arid others v. Abdul Hafeez and others 1991 SCMR 1699; Syed Hasan Askari Rizvi v. Muhammad Aziz PLD 1989 SC 1; S. Moinl Hassan v. A:H. Junaid 1985 CLC 882; Syed Israr Alain v. S.M. Hussain 1983 CLC 468 and Moeen,, Afridi v. Capt. M.R. Choudhry 1982 CLC 1116 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)-- ---S.14---Qanun-e-Shahadat (10 of 1984), Art.115---Application for ejectment of tenant---Relationship of landlord and tenant stood admitted by tenant--Tenant admitting his signatures on rent agreement---Tenant also admitted that landlord used to issue rent receipts after receipt of monthly rent by h1m--- All such facts showed that tenant had been treating respondent as landlord of premises---- Application for ejectment was, thus, competent and tenant was estopped from challenging title of his landlord in terms of Art.115, Qanun-e-Shahadat, 1984---Ejectment application was thus, maintainable in circumstances. Moeen Afridi v. Capt. M.R. Choudry 1982 CLC 1116 and S. Moinul Hassan v. A.H. Junaid 1985 CLC 882 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ---S.14-----Landlord seeking ejectment of tenant on grounds of personal need---Landlord was under no obligation to give full particulars of business proposed to be established in premises in question. Mst. Saira Bai v. Syed Anisur Rehman 1989 SCMR 1366 rel. (d) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S.14---Ejectment of tenant---Landlord produced documents in support of eviction that he had retired from service; he had attained age of sixty years and that he being jobless would start his own business in premises in question, with the help of his two sons who were not…
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