Case Details

Citation(s)
1998 SLG 1318 1998 SLD 1318 1998 CLC 802
Sindh High Court
First Rent Appeal No. 163 of 1987, decision dated: 9-12-1997, hearing DATE : 3rd October, 1997
ZAKIR HUSSAIN K. MIRZA, J
Hassan Mahmood Baig for Appellants. Abdul Sattar Shaikh for
Respondent

MUHAMMAD RAFIQUE and 14 others

VS

MUHAMMAD HANIF

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 21---Bona fide personal need of landlord---Evidence on record prima facie showed that requirement of landlord was according to law and was made in good faith---Tenant had not been able to produce any document or any other reliable evidence to show that landlord was owner of any other shop in that locality--­Landlord, however, was not obliged to disclose as to what sort of business he intended to run in shop in question---Landlord has the prerogative and discretion to determine and decide as to what he would do with premises and what sort of business he would run therein or how he would be using that premises in his own way---Court should ordinarily accept good faith requirement and should not start with presumption of bad faith against landlord---Tenant could not determine suitability or sufficiency of accommodation for landlord---Landlord having established prima facie case of bona fide personal use, he was entitled to claim ejectment of tenant---Tenant was directed to hand over vacant possession of premises in question, to landlord in circumstances. Amanullah v. Mukhtiar Ahmed 1992 MLD 2488; 1989 SCMR 1366; Mst. Razia Sultana v. Nasir Haider 1989 MLD 4343 and Anwar Jawaid v. Umennisa 1994 CLC 927 ref. JUDGMENT This appeal arises out of the order, dated 30-4-1987 passed by the learned 1st Rent Controller, Hyderabad in R.A. No.440 of 1983 filed by the appellants refusing to evict the respondent from the shop premises bearing No.B/19-845, Shahi Bazar, Hyderabad. 2. Briefly the facts are that the premises in question were rented out to the respondent by one Muhammad Yousuf predecessor-in-title of the applicants from 1-1-1973 to 31-12-1973 at a monthly rent of Rs.350 and sum of Rs.5,000 as security deposit. Muhammad Yousuf, who was the husband of appellant No.2 and father of rest of the appellants died on 8-7-1977 and the premises thereafter were inherited by the said appellants, who issued a notice to the respondent on 11-8-1977 informing him of the death of Muhammad Yousuf and asked the respondent to vacate the disputed premises as the same were required for the personal use of appellant No. 1 which was…
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