Law:

Section:

a) Sindh Rented Premises Ordinance (XVH of 1979)------S. 15---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider, whether High Court was justified in reversing finding of Rent Controller on basis of material available on record for the reason that personal requirement, as pleaded by landlord in application and affidavit-in-­evidence, was vague. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 2 (h)---"Premises" ---Connotation---"Premises" means a building or land, let out on rent, but does not include 'hotel'. ---[Words and phrases]. (c) Sindh Rented Premises Ordinance (XVII of 1979)--S.2 (h)---Nature of premises let out on rent---Question of fact---Tenant taking plea in High Court for the first time that premises were let out to him as a "hotel" and as such Rent Controller had no jurisdiction in the matter---Question as to whether premises was let out to tenant as a hotel or not being question of fact, same should have been pleaded in written statement by tenant if he wanted to oust jurisdiction of Rent Controller---Such plea could not have been raised for the first time before High Court---Even legal plea which was founded on factual plane, could not be raised for the first time before Appellate forum. Zafar Ali v. Allah Bachayo PLD 1989 SC 294 and Black's Law Dictionary, 5th Edn. rel. Ziauddin Shaikh and others v. Muhammad Rafique and others 1995 SCMR 320 ref. (d) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan (1973), Art. 185---Bona fide need of landlord---Proof---Overwhelming evidence was on record to prove personal bona fide requirement of landlord and his son---Nothing concrete was brought on record by tenant to contradict such evidence of landlord---Bona fide personal requirement of landlord and his son was proved on basis of evidence on record---High Court was .not justified to interfere with finding of fact on question of personal requirement correctly recorded by Rent Controller which was in accord with evidence on record---Judgment of High Court was set aside and that of Rent Controller was restored in circumstances. Usman Ghani Rashid, Advocate Supreme Court and…

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