Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2) (ii)---Default in payment of rent---Proof---Landlord seeking ejectment of tenant on ground of default in payment of rent had alleged that tenant was irregular in payment of rent, but had neither stated as to period during which tenant paid rent to him in irregular way nor period of default had been shown by him in his affidavit---Effect---Issue of default could not be decided in favour of landlord in absence of tangible evidence in that regard. (b) Sindh Rented Premises Ordinance (XVII of 1979)---- ----S 15(2) (vii)---Bona fide personal need of landlord---Landlord seeking, ejectment of tenant on ground of personal bona fide need had stated in his affidavit that he had grown up children and his present accommodation was not suitable for his occupation---Testimony of landlord remained unshattered in his cross-examination---Tenant could not prove that landlord had any other premises, in the area---Factum of personal bona fide need of landlord, in circumstances, stood proved---Judgment of Rent Controller in that regard being based on logical reasoning and correct appreciation of evidence, would not call for interference. Muhammad Naseeruddin v., Mst. Hashmat Bibi PLD 1993 Kar. 300; Mst. Mariam v. Mst. Zubaida Bai 1998 MLD 1031; Ulfat Ali v. Abdul Shakoor 1992 CLC 744; Mrs. Shahnoor Fazal v. Ghulam Akbar Mangi 1987 SCMR 2051; Abdul Rehman and others v. Pakistan State Oil Company Ltd. and others 1997 CLC 1085; Muhammad Yasin v. Shabbir Ahmad 1985 CLC 2111; Hajiani Zaina Bai v. Messrs Allied Bank of Pakistan Ltd. 1989 CLC 729; Dr. Juzar Ali v. Mrs. Mani Bai PLD 1987 Kar. 462; Haji Muhammad Ibrahim v. Hamzoo Khan PLD 1987 Kar. 520; Abdul Aziz and another v. Muhammad Ibrahim PLD 1977 SC 442; Mumtaz Hussain v. Muhammad Iqbal 1984 SCMR 576 and Dr. Maj. Abdul Ahad Khan v. Soofi Muhammad Yasin & Brothers PLD 1984 SC 200 ref. ORDER 1. Impugned in this appeal is the order, dated 14-9-1999, passed by II-Rent Controller Karachi South, in Rent Case No.366 of 1995, whereby the ejectment application filed by respondent was allowed and the appellant was ordered to hand over the vacant possession of premises to…

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