Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

(a) Administration of justice--- Law and Rules are legislated and formulated and procedure is laid down to facilitate the litigants/public at large and as such the same should be construed liberally---Court's functions were to dispense justice under circumstances of each case and not to hinder justice on mere technicalities. (b) Sindh Rented Premises Ordinance (XVII of 1979)---S. 15(2)(vii)---Bona fide personal need of landlord---Looking at the number of landlord's family and the accommodation which was already in his possession, it could be made out that same was insufficient for his personal use and he needed further accommodation to enable him to shift from Government quarter after his retirement from service---Personal bona fide need of landlord in respect of premises in question, had fully been established in circumstances. JUDGMENT This First Rent Appeal has been filed against the judgment, dated 2-5-1989 passed by the learned Court of IInd Senior Civil Judge/Rent Controller, Karachi (South) in Rent Case No.774 of 1987, dismissing ejectment application under section 15 Sindh Rented Premises Ordinance, 1979 filed by the present appellant/landlord. The brief facts are that the appellant/applicant Abdul Jabbar Khan is one of the legal heir of late Muhammad Yousuf Khan, who owned a building situated on Plot No.5/84, Jane Road, Karachi. The Respondent/opponent is the tenant in respect of flat/room No.4 on the ground floor of the said building. Earlier in the year 1974 the appellant/applicant had filed a Rent Case No.2050 of 1974 and subsequently against the dismissal order passed in the said Rent Case had filed First Rent Appeal No. 727 of 1983 which was disposed off on 4-3-1987, on the ground that the appellant/applicant had retired during the pendency of the proceedings and wanted to amend the application to take the ground provided under section 14 of Sindh Rented Premises Ordinance, 1979. However instead of amendment fresh ejectment application being Rent Case No.774 of 1987 was filed. The Appellant has been a Government servant but now retired from service and as such could not continue to live in the accommodation bearing No.F-56'PT Colony Gizri Road,…

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