Case Details

Citation(s)
2000 SLG 1920 2000 SLD 1920 2000 CLC 997
Sindh High Court
First Rent Appeals Nos.374 and 375 of 1998, decision dated: 14-10-1999. dates of hearing: 12th, 13th and 14-10-1999
HAMID ALI MIRZA, J
Muhammad Ali Jan for Appellant. Khalid Javed for
Respondent

SULTANA JAFERY

VS

MUHAMMAD ALI ABIDI through his Legal Heirs

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVD of 1979)-------S. 15---Bona fide personal need of landlord---Application filed by landlords was resisted by tenant on the ground that the need of the landlords was not bona fide and rent of the premises was enhanced one month prior to the filing of ejectment application---Validity---Statement made in the cross­ examination showed that the tenant had not challenged specifically the personal requirement of the landlords with regard to their expansion in business in good faith---Where the testimony and veracity of the landlord could not be shaken, fact that the rent was enhanced one month prior to the filing of ejectment application, would not show that the need of the landlords was riot in good faith---Increase in the rent on account of increase in taxes could not be considered to be unjustifiable, barring and disentitling the landlords from seeking eviction of the tenant on the ground of personal requirements; in case the good faith was proved by the landlords---Tenant failed to show anything which could disentitle in law the landlords from evicting the tenant from the premises---Order of Rent Controller required no interference in circumstances. Latif Ahmad v. Mst. Farrukh Sultana 1996 §,qMR 1233; Mrs. Ruby Misso v. Mrs. Kaniz Fatima and others 1990 CLC 1320; Mrs. Shahnoor Fazal v. Ghulam Akbar Mangi 1987 SCMR 2051; Haroon Kassam and another v. Azam Suleman Madha PLD 1990 SC 394; Mst. Saira Bai v Syed Anisur Rahman 1989 SCMR 1366; Ejaz Ahmad Mir v. Mrs. Shamsa Khatoon 1996 MLD 648; Hajiani Zaina tai v. Messrs Allied Bank of Pakistan Limited 1989 CLC 729; Abdul Ghani v. Mst. Maryam 1989 CLC 989 and Khawaja Imran Ahmad v. Noor Ahmad and another 1992 SCMR 1152 ref. (b) Sindh Rented Premises Ordinance (XVH of 1979)--- ----S. 15---Bona fide personal need of landlord---Payment of "Pagri"--­Effect---Payment of "Pagri" would not be bar for seeking eviction of tenant by the landlord on the ground of personal requirement in good faith. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bringing structural changes by tenant without permission of landlrod---Effect---Structural changes made by tenant without prior…
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