Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)------S. 14---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal- need of landlady---Payment of Pagri to husband of landlady by tenant---Leave to appeal was granted to consider, whether in the peculiar circumstances of the case that husband of landlady had received certain amount as Pagri from the tenant; that the landlady was peacefully living with his son in the house of her son since long before the filing of the ejectment application and that landlady had already got vacated residential portion of the same building through ejectment proceedings and the landlady was legally entitled to an order of ejectment of the tenant from the shop in dispute on the ground of her personal need. (b) Sindh Rented Premises Ordinance (XVII of 1979)-- ---S. 14---Bona fide personal need of landlord/landlady---Scope of enquiry under S.14, Sindh Rented Premises Ordinance, 1979 elaborated---Landlady became widow on 6-7-1988 and she served a notice under S.14, Sindh Rented Premises Ordinance, 1979 on the tenant on 18-3-1989---Landlady was neither occupying any commercial building nor she had rented out any such building after becoming widow---Eviction of tenant from the premises was justified in circumstances. On a plain reading of section 14, it is clear that an applicant under this section has only to show that she is a widow or a minor whose both parents are dead, or he or, she is salaried employed due to retire within six months or had retired or he or she is a person who is due to attain the age of 60 years within the next six months or has attained the age of 60 years. The further requirement of law, is that before institution of application under this section a notice is to be served by such landlord on the tenant informing him that he or she needed the building for personal use and call upon him to deliver the possession of the premises within the time fixed in the notice which should not be less than two months. No enquiry as to the genuineness or bona fides of the requirement urged by a landlord can be gone into in proceedings under section 14 of the Ordinance. The enquiry under this section must confine to…

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