Case Details

Citation(s)
1997 SLG 735 1997 SLD 735 1997 CLC 947
Sindh High Court
First Rent Appeal No. 115 of 1993, decision dated: 10-11-1996
HAMID ALI MIRZA, J
Khalil-ur-Rahman for Appellant. Suleman Kassam for
Respondent

ABDUL SATTAR

VS

ABDUL KARIM

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2)(vii)

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2)(vii)

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2)(vii)---Bona fide personal need of landlord---Onus to prove good faith in respect of need of premises in question is always on landlord---Landlord had fully discharged that onus by adducing sufficient material on record to show that premises in question was required by his son in good faith who had to start his business---No other material was available on record to show that son of landlord had any other suitable accommodation for running his business---Mere fact that there was another premises or building, would not by itself be sufficient to disentitle landlord from seeking ejectment of tenant from premises when it was shown and proved that premises in dispute was more suitable to the need of son of landlord---Bona fide personal need of landlord in respect of premises in question, had fully been proved in circumstances. Sher Muhammad and others v. Muhammad 1988 SCMR 881; Tahir M. Ibrahim v. Yousuf Ali and 2 others 1988 MLD 2470; Syed Abdul Hakim and others v. Ghulam Mohiuddin PLD 1994 SC 52; Messrs Bara Imam Bara Trust v. Messrs Hakim & Co. 1992 CLC 2235; Muhammad Aslam v. Muhammad Aslam 1987 CLC 686; Major (Retd.) Jamshed Khudadad Irani v. Abdul Rehman 1987 CLC 1988; Abdullah v. Abdur Razak 1987 MLD 1067; Sardar Muhammad Asim v. Sheikh Allah Dad 1987 SCMR 1778; Muhammad Suhail v. Mst. Fatima Begum 1987 MLD 2106; Sheikh Muhammad Yousaf v. District Judge, Rawalpindi and 2 others 1987 SCMR 307; Muhammad Ilyas v. Mst. Khursheed Begum 1989 CLC 506; Mst. Sughra Kausar v. Muhammad Siddique Manan alias Muhammad Siddique 1992 MLD 903; Ahmad v. Haji Khair Muhammad 1992 CLC 2504; Haroon Kassam and another v. Azam Suleman Madha PLD 1990 SC 394; Rajab Ali v. Darius B. Kandawalla and another PLD 1984 Kar. 14; Sabu Mal v. Kika Ram alias Heman Das 1973 SCMR 185; S.M. War v. Vice-Admiral (Retd.) Iqbal F. Qadir 1991 CLC 1137; Nooruddin and others v. Asghar Ali and others 1968 SCMR 1087; Tariq Shafi v. Mrs. Shamshad Begum 1990 CLC 698; Muhammad Mehtab v. Muhammad Ismail and another 1990 MLD 1682 and Arshad Ameen v. Messrs Swiss Bakery and others 1993 SCMR 216 ref. (b) Sindh Rented Premises Ordinance (XVII ofโ€ฆ
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