| Citation(s) |
|---|
| 1998 SLG 1292 1998 SLD 1292 1998 CLC 677 |
Sindh High Court
First Rent Appeal No.706 of 1994, decision dated: 22-05-1996
RANA BHAGWAN DAS, J
Raja M. Aslant Kiyani for Appellant. Muhammad Muzaffarul Haq for
Respondent
First Rent Appeal No.706 of 1994, decision dated: 22-05-1996
RANA BHAGWAN DAS, J
Raja M. Aslant Kiyani for Appellant. Muhammad Muzaffarul Haq for
Respondent
SHAKEEL AHMED QURESHI --Appellant
VS
HABIB KHAN
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)---------S. 15(2)(vii)---Bona fide personal need of landlord---Contention of tenant was that landlord in his earlier application for ejectment of shop in question before Area Councillor, had urged ground of reconstruction of house, whereas in present ejectment proceedings he had advanced ground of personal requirement---Landlord; no doubt had admitted-in his evidence that in earlier application he had urged ground of reconstruction but in law landlord was not disentitled from seeking ejectment of tenant on ground of personal requirement provided he was able to establish that his need was bona fide and in good faith. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Bona fide personal need of landlord---Contention of tenant Was that earlier, landlord had got vacated another shop, which was not utilized for his business purpose---Landlord, though, had conceded that said shop was got vacated, but same was annexed to residential portion on account of large fancily of landlord as he had four grown up sons of whom two were married and were living together---By annexing the other shop which was got vacated to his residence landlord neither acted male fide nor dishonestly --If landlord earnestly needed shop for residential purpose by opening a door in said shop, it could not be said by arty stretch of reasoning that landlord toad invoked jurisdiction of Rent Controller with unclean hands as alleged by tenant----Landlord, as lawful owner, was entitled to avail of the best possible use of his property---Personal bona fide need of landlord in respect of shop in question had fully been proved as genuine and in good faith and tenant was rightly ordered to be ejected by Rent Controller. JUDGMENT This appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 (hereinafter referred to as the Ordinance) is directed against the eviction order, dated 15-11-1994 passed by the learned Controller, Karachi (Cetltral) directing the ejectment of the appellant froth shop premises situated on a portion of Plot No.R-1532/2, Azizabad, Federal 'II' Area, Karachi on the ground of personal requirement for the…
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