Case Details

Citation(s)
1999 SLG 868 1999 SLD 868 1999 CLC 781
Sindh High Court
First Rent Appeal No. 126 of 1995, decision dated: 4-11-1998. dates of hearing: 3rd and 4-11-1998
HAMID ALI MIRZA, J
Suleman Kassam for Appellants. Hafiz Abdul Baqi and M. Raghib Baqi for
Respondent

REHANA JAMAL and 2 others

VS

MUHAMMAD ASIM

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15 & 21---Default in payment of arrears of rent---Amount of advance rent was deposited by tenant and same could be treated as a rent for the period of default---No exception, thus, could be taken to the finding of Rent Controller that there was no default in payment of rent by tenant. Bahadur Khan and others v. Choudry Muhammad Hussain and others 1991 SCMR 429; Muhammad Ashraf v. Abdul Hameed and others 1982 SCMR 237; Ghulam Samdani v. Abdul Hameed 1992 SCMR 1170 and Munawar Hasan v. Badiul Hasan 1992 CLC 2495 ref. (b) Sindh Rented Premises Ordinance (XVH of 1979)--- ----Ss. 15 & 21---Bona fide personal need of landlord---Husband of landlady was carrying on lot of business in different firms and was in possession to the extent of his share in those properties---Evidence of landlady was not confidence inspiring whereas that of the tenant was consistent and its veracity could not be shaken---Landlady was hunting for some ground to seek eviction of tenant at all costs with mala fide and ulterior motives---No substance having been found in the contentions of landlady, no exception could be taken to the findings of Rent Controller dismissing the appeal of landlady. Qamruddin through legal heirs v. Hakim Mahmood Khan 1988 SCM.R 819; Muhammad Sharif v. Nisar Ahmad and others 1988 SCMR 1587; Haroon Kasam and others v. Azam Suleman Madha PLD 1990 SC 394; Messrs F.K. Irani & Co. v. Begum Feroze 1996 SCMR 1178; Abdul Karim v. Abdul Karim 1992 SCMR 1300; Muhammad Bashir v. Sakhawat Hussain 1991 SCMR 846; Jehawgir Rustom Kaklia v. State Bank of Pakistan 1992 SCMR 1296 and Messrs A.B. Sons Limited v. Messrs Eastern Express Limited 1989 MLD 956 ref. Abid Masood and others v. Dilshad Khan 1995 SCMR 146; Abdul Kadir and others v. Muhammad Yaqoob 1991 SCMR 1029 and Inayat Ali Shah v. Anwar Hussain 1995 CLC 1906 rel. JUDGMENT This is an appeal under section 21 of Sindh Rented Premises Ordinance, 1979 (hereinafter called the Rent Ordinance) directed against an order, dated 10-1-1995 passed by learned IV-Senior Civil Judge and Rent Controller, Karachi-Central, in Rent Case No.466 of 1992 (Rehana Jamal and 2…
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