Law: Constitution of Pakistan, 1973

Section: 185(3)

Sindh Rented Premises Ordinance (XV1l of 1979)--S.15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlady and impairing the value and utility of the premises---Rent Controller dismissed application of landlady after dealing with the questions of default in payment of rent and nuisance---High Court had dealt only with the questions of default and nuisance and there was no discussion with respect to the issue of bona fide need and impairing the value and utility of the premises---Leave to appeal was granted by Supreme Court to examine the grievance of the landlady. Ali Akbar, Advocate Supreme Court/Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 18th November, 1998. ORDER KHALIL-UR-REHMAN KHAN, J.---The petitioner filed an eviction petition seeking ejectment of the respondent from the demised premises of Property No.L126/1, Block 13-G, Gulshan-e-Iqbal, Karachi, on the ground of default in payment of tent, personal bona fide need, impairing the utility of the disputed premises and nuisance. Learned Rent Controller after framing necessary issues and recording the evidence of the. parties rejected the application vide order, dated 7-5-1991. The first appeal of the petitioner/landlady met the same fate vide judgment, dated 24-3-1998 passed by a…

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