Case Details

Citation(s)
1999 SLG 1055 1999 SLD 1055 1999 CLC 1786
Sindh High Court
First Rent Appeals Nos.228 and 206 of 1992, decision dated: 12-12-1997
M.L. SHAHANI, J
Muhammad Sadiq and Muhammad Anwar Tariq for Appellant. Zia-ud-Din Qureshi for
Respondent

ALLAH RAKHA

VS

Mst. MUSSARRAT

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 14 & 15---Bona fide personal need of landlord ---Ejectment of tenant--­Principles---Duty of Rent Controller ---Sindh Rented Premises Ordinance, 1979 being a law to create balance between relationship of landlord and tenant, landlord, ordinarily would not be entitled to eject tenant from the premises let to him, except when his case was covered either by S.14 of the Ordinance or any of the clauses of S.15 of Sindh Rented Premises Ordinance, 1979---Endeavour of the Court should always be to apply provisions of law by going through the pleadings and the evidence produced on record---While ordering ejectment, it was duty of the Rent Controller to assess and weigh the evidence led by landlord in support of ejectment application---If the evidence of landlord inspired confidence, truthfulness and was within requirements of law, such evidence was to be accepted and ejectment of tenant was to be ordered ---Ejectment of tenant could only be ordered if evidence led by landlord was cogent and credible and only on the strength of such evidence, order of ejectment should be passed---Order of ejectment of tenant could not be passed on account of weakness in the defence and evidence led by tenant---If evidence of landlord inspired confidence, Rent Controller must assess evidence given by tenant in defence---Rent Controller must assess whether any pleas had been taken by tenant which was genuine and as and when established through evidence on record, same would create dent in requirement established by landlord through his evidence led by him earlier and whether such dent was permissible within parameters of law relating to ejectment of tenant---Once that dent was established which was permissible in law through positive evidence in order to protect interest of the tenant, Rent Controller could not order ejectment of tenant as Rent Controller was under bounden duty, cast on him by law to protect the interest of the, tenant. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 14---Bona fide personal need of landlord ---Ejectment of tenant--­Principles---Duty of Rent Controller---Jurisdictional…
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