Case Details

Citation(s)
1997 SLG 739 1997 SLD 739 1997 CLC 992
Sindh High Court
First Rent Appeal No.678 of 1994, decision dated: 24-02-1997
HAMID ALI MIRZA, J
Monir-ud-Din Ahmed for Appellant. Wafi Khan Yusufzai for
Respondent

Syed FAZILAT UL HODA

VS

BASHIR MUHAMMAD

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------Ss.14 & 21---Ejectment of tenant---Landlord who had been in possession of two rooms of building in question, for his use and occupation of his family members from commencement of tenancy in 1972 in favour of tenant, whether was disqualified to seek ejectment under summary procedure provided in S.14, Sindh Rented Premises Ordinance, 1979---Landlord being in occupation of portion of building using same as his residence, would not be entitled to seek eviction for same purpose under provisions of S.14, Sindh Rented Premises Ordinance, 1979---Landlord was, thus, disqualified to seek ejectment under summary procedure provided under S.14, Sindh Rented Premises Ordinance, 1979. Zubaida Ismail v. Zahra Sultana 1989 CLC 112 f ; Mst. Kawakab Begun v. Abdul Fazal Kausar 1984 CLC 1686; Kamal Afreen v. Mansoor Muhammad Qureshi PLD 1983 Kar. 598 and PLD 1981 SC 118 rel. 1986 CLC 905; 1993 MLD 1530; 1985 SCMR 291; Mumtaz Begun v. Syed Iftikhar Hussain Rizvi 1994 CLC 2107; Muhammad Habib v. Muhammad Afzal Farooqui 1986 CLC 905; Mst. Najma Ashraf v. Mst. Noor Jehan 1994 SCMR 913 and Salim Ahmed Khan v. Mst. lamila Latif 1990 SCMR 1117 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)---- ----Ss.14, 15 & 21---Ejectment application filed by landlord under S.14, Sindh Rented Premises Ordinance, 1979, was not found to be maintainable---Rent Controller, however, had ordered eviction of tenant under S.14 of the Ordinance which was not attracted---Landlord was in fact entitled to seek eviction in terms of S.15, Sindh Rented Premises Ordinance, 1979, for personal requirement in good faith---Application filed by landlord under S.14 was converted into S.15, Sindh Rented Premises Ordinance, 1979 and setting aside order of eviction passed by Rent Controller under S.14, case was remanded to Rent Controller to frame issue as to whether landlord would be entitled to seek eviction under S.15, Sindh Rented Premises Ordinance, 1979 and to decide application for ejectment afresh after affording opportunity to both parties for adducing further evidence if so desired by them. Najma Ashraf v. Mst. Noor Jehan 1994 SCMR 913 and…
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