Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 14---Bona fide personal requirement of widow in respect of rented premises---Widow seeking ejectment of tenant on ground of her personal requirement under S.14 of Sindh Rented Premises Ordinance, 1979 had failed to prove service of notice on tenant as provided for under S.14(1) of Sindh Rented Premises Ordinance, 1979---Such notice being mandatory, unless same was given to tenant, proceedings for ejectment of tenant through Rent Controller could not be taken---Landlord could only move Rent Controller for the ejectment of tenant on non-compliance of such notice by tenant---Landlady having failed to prove service of requisite notice under S.14(1) of Sindh Rented Premises Ordinance, 1979, her application to the Rent Controller for ejectment of tenant was not maintainable. Abdul Aziz v. Sheikh Muhammad Rafiq 1991 MLD 1316 and Bashir Ahmed v. Mumtaz Khan PLD 1965 Lah. 126 ref. JUDGMENT This rent appeal calls into question the order dated 30-11-1992 passed by the learned IV Senior Civil Judge and Rent Controller, Karachi East in Rent Case No.1430/91, granting respondent's application for the eviction of the appellant. Respondent Mst. Mariam Bai now deceased as the widow of one Haji Ghulam Ali filed the aforesaid rent case for eviction of the appellant from the premises in question situated on plot bearing S. No.CDC No.LY-18,x.18/139, in Chakiwara Area of Karachi on the ground of personal requirement under section 14 of the Sindh Rented Premises Ordinance, 1979. Before filing of the aforesaid application, the deceased respondent is said to have sent to the appellant through her advocate a notice dated 30-5-1991 as required under section 14 of the said Ordinance. In the written statement filed by the appellant he, inter alia, denied receipt of any such notice. The impugned order is attacked by Mr. Mushir Alain the learned counsel for the appellant mainly on the ground that the eviction application filed by the respondent was not maintainable as the requisite notice under section 14 of the said Ordinance had not been served on the appellant. The order was also challenged on the ground that respondent who was an old…

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