Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Sindh Rented Premises Ordinance (XVI1 of 1979)--S. 15---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the question as to whether High Court was justified in omitting to consider the piece of evidence which was produced earlier and which was part of the evidence on record and whether the declining landlady's application on the ground of personal requirement of her son were warranted by the evidence on record. (b) Sindh Rented Premises Ordinance (XVH. of 1979)--- ----S. 15---Bona fide personal need of landlord---Suitability of premises for personal requirement---Landlady, required the premises for her 22 years' old son who wanted to set up his own business in the premises---High Court dismissed the ejectment application on the ground that according to survey of the property held in year 1968, certain shops were in occupation of the. landlady---Validity---Such occupation in the year 1968, had no relevance in the case as the ejectment application was filed by the landlady in the year 1981---Relevant date in the case was the date on which ejectment case was filed by the landlady against the tenant---On the date of institution of the ejectment case by the landlady against the tenant, she was not in occupation of any of the shops in the premises---Suitability of premises for personal requirement was to be judged by the landlady herself and she could not be. compelled to accept any other premises if she made her choice for one of the shops---Judgment and order of the High Court was set aside and the ejectment was allowed on the bona fide personal requirement of landlady. Muhammad Rifatullah Alvi v. Imran Ansari PLD 1990 SC 369 and Qamruddin v. Hakim Mahmood Khan 1988 SCMR 819 distinguished. Ali Akbar, Advocate-on-Record for Appellant. Kazi A. Rahim, Advocate. Supreme Court and N.C. Motiani, Advocate-on-Record for Respondent. Date of hearing: 10th November, 1998. JUDGMENT SAIDUZZAMAN SIDDIQUI, J---The above appeal with the leave of this Court has arisen from the judgment of a learned Judge in Chambers of High Court of Sindh dated 16-8-1992 whereby F:R.A. No.1127 of 1982 filed by the appellant was dismissed by the learned…

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