Case Details

Citation(s)
1998 SLG 1338 1998 SLD 1338 1998 SCMR 547
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos.210-K and 211-K of 1994, decision dated: 6-03-1995
MAMOON KAZI AND MUKHTAR AHMED, JUNEJO, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

Haji GHULAM RASOOL

VS

Mst. HALIMA BANKER

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--S. 15---Constion of Pakistan (1973), Art. 185(3)---Eviction of tenant granted on grounds of bona fide personal requirement, material impairment of value/utility of premises was maintained by the High Court---Validity---Tenant s contention, that his ejectment could not be ordered on the ground of impairment of value or utility alone, unless he was also found to have committed acts of nuisance, was completely devoid of force, because each ground enumerated in S. 15(2), sub-cls. (i) to (vii) was independently available to landlord for seeking ejectment of his tenant---Findings on question of bona fide personal requirement and material impairment of value/utility of premises arrived at by Rent Controller and the High Court was not found to be open to exception---Landlady had fully succeeded in establishing her case regarding impairment of material value and utility of premises in question---Leave to appeal was refused in circumstances. Akhtar Sultana v. Abdur Rauf Nagi PLD 1978 Lal:. 31? and Talat Farooq v. Majeed Jalil 1980 CLC 1348 ref, R. A. Qureshi, Advocate Supreme Court for Petitioner. S. H. Abbas. Advocate-on-Record for Respondent. Date of hearing: 6th March, 1995. ORDER MAMOON KAZI, J.---The respondent in those two petitions is the landlady of house bearing No.46/5, Gujrat Colony, Karachi, she filed two rent applications before the V Senior Civil Judge/Rent Controller, Karachi (East) which were numbered as 5643 of 1978 and 3981 of 1979 respectively (renumbered as 613 of 1985 and 614 of 1985). The first rent application was jointly filed by the respondent with her brother Muhammad Banker seeking eviction of the petitioner on the ground of personal requirement as the portion in occupation of the respondents which consisted of two dilapidated rooms was insufficient for their requirement. The respondent being an old woman needed someone to look after her and it was not possible to accommodate any such person on account of insufficient of accommodation. Although the tenancy was created by the respondent's mother but she had subsequently acquired title in the property by execution of a will in her favour. 2. In the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492