Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Bona fide personal need of landlord---Evidence on record had proved that landlord had not sought eviction of the tenant from the demised premises for a wish or on whim---Cogent reason was given and good faith was apparent in the demand for ejectment ---Order of ejectment of tenant by the Rent Controller was upheld. Nisar Hussain Rizvi and 3 others v. Mst. Aisha and 5 others 1998 CLC 349 ref. Haji Muhammad Rafiq v. Shahanshah Jehan Begum PLD 1987 Kar. 180; Mst. Fatima Bai v. Shaikh Muhammad Zaki and 6 others 1990 CLC 1064; Haroon Qasam and another v. Azam Suleman Madha PLD 1990 SC 394 and Mrs. Chung Ying Msiung v. Mst. Seema Saeed 1993 CLC 505 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Civil Procedure Code (V of 1908), S.11---Bona fide personal need of landlord---Principle of res judicata---Applicability---Where some earlier case against the tenant was filed on the same ground, there could not be a bar for seeking eviction on the same ground as the principle of res judicata was not attracted. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15-A---Bona fide personal need of landlord---Safeguard for tenant--­Scope---Where landlord obtains the possession of rented premises on the ground of personal requirement and fails either to occupy the same or relets it to any person other than the tenant, then the tenant has been given a right to approach the Rent Controller for punishing the landlord---Rent Controller under S.15-A of the Ordinance may put the tenant back into possession of the same premises. (d) Words and phrases--- Good faith"---Meaning. Mst. Sara Bai v. Syed Anis-ur-Rehman 1989 SCMR 1366 rel. JUDGMENT Through this appeal, the appellant has challenged the order, dated 31-5-1994, passed by learned 5th Senior Civil Judge and Rent Controller, Karachi (South), Karachi, passed in the proceedings of Rent Case No.1272 of 1991 Dawate-Madiya v. S. Muhammad Siddique & Co., whereby the eviction application of the respondent was granted and the appellant was directed to vacate the demised premises within 60 days of passing of the impugned order and for handing…

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