| Citation(s) |
|---|
| 1998 SLG 1353 1998 SLD 1353 1998 CLC 983 |
Sindh High Court
First Rent Appeal No. 108 of 1996, decision dated: 28-10-1997, hearing DATE : 26-08-1997
NAZIM HUSSAIN SIDDIQUI, J
Abdul Wahid for Appellant. Muhammad Ali Abbasi for
Respondent
First Rent Appeal No. 108 of 1996, decision dated: 28-10-1997, hearing DATE : 26-08-1997
NAZIM HUSSAIN SIDDIQUI, J
Abdul Wahid for Appellant. Muhammad Ali Abbasi for
Respondent
Mst. NAHEED PERVEEN
VS
MAHFOOZ
Law:
Section:
Sindh Rented Premises Ordinance (XVH of 1979)------S. 15(2)(vii)---Bona fide personal need of landlord---Need of landlord in respect of premises in question for running a business was objected to by tenant alleging that premises in question was in residential area and same could not be used by landlord for running business---Evidence available on record had revealed that number of persons of said locality had constructed shops in their quarters which were given to them for residential purposes only and that fact was admitted by tenant in his written-statement---Rent Controller dismissed ejectment application holding that premises in question was situated in residential area and landlord had not obtained any permission from the relevant Authority for running business therein---Since so many persons were running their shops in said vicinity, it was for the relevant Authorities to take action against them for alleged violation of the terms of lease---Finding of Rent Controller on that point, thus, was not sustainable---Demand of landlord in respect of premises in question for using it for business purposes which otherwise was proved by witnesses produced by landlord in support of his claim, having fully been established, tenant was directed to hand over vacant possession of premises in question to landlord in circumstances. JUDGMENT This appeal, under section 21 of the Sindh Rented Premises Ordinance, 1979 is directed against the Order, dated 10-3-1996, passed by the then, learned VIth Rent Controller, Karachi, East, whereby the appellant's application for eviction of the respondent from the premises in question was dismissed. The facts relevant for decision of this appeal are as follows:---- Appellant Mst, Naheed Parveen purchased the Quarter No.R-281, Sector 32-B, Korangi 1-1/2, Karachi measuring 120 sq. yds from Mst. Amina Khatoon wife of late Muhammad Afzal through registered sale-deed, dated 5-5-1991 and her name was mutated in the records of Karachi Development Authority (KDA) as lease holder of the said property. Five (5) shops were carved out from said quarter towards the road side and its back portion is in possession of the appellant, where her husband…
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