Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15 & 21---Ejectment of tenant---Bona fide personal need of landlord---Landlord filed affidavit of his. son to prove his plea of personal bona fide use and such statement was a false statement on oath---Dishonesty of the landlord and unreasonableness of purpose were manifestly visualized from the facts---Rent Controller dismissed the ejectment petition filed by landlord---Validity---Landlord was required to establish his case of personal bona fide use by proving that the premises were required honestly and in good faith without an oblique motive and that the purpose for ejectment of tenant was reasonable a&3 genuine---When the landlord failed to do so, Rent Controller was justified in declining the relief of ejectment sought by the landlord who was not entitled to eviction order in circumstances. Wasim Ahmed v. Shaikh Karim , Riaz 1996 SCMR 1055; Muhammad Atique v. Hanif Khan 1996 SCMR 1260; Sultan Press Ltd. v. Muhammad Hassan PLD 1985 Kar. 624; Mrs. Shahnoor Fazal v. Ghulam Akbar Mangi 1987 SCMR 2051; Mst. Farukh Nisa v. Safdar Ahmed and 6 others PLD 1985 Kar. 639; Binyameen and 3 others v. Ch. Hakim 1996 SCMR 336 and S.M. Nooruddin v. Sega Printers 1998 SCMR 2119 ref. JUDGMENT The appellant has impugned the order dated 30-1-1999 passed by learned VI th Rent Controller Karachi (East) whereby an application under section 15 of the Sindh Rented Premises Ordinance, 1979, filed by the appellant against the respondent for ejectment of the latter was dismissed. The appellant is landlord/owner of flat bearing No. 1/3, on Plot SOL-B-2/62, Soldier Bazar, Karachi, hereinafter referred to as the rented premises. According to appellant the respondent's father was tenant in respect of this flat and after his death, respondent was allowed to continue as tenant on his request. The rate of rent was Rs:1,000 per month till August, 1995 but later on by mutual agreement it was enhanced to Rs.1,500 per month from September, 1995. The respondent paid Rs.500 in cash and Rs.1,000 through money order for the month of September, 1995, but failed to pay rent from October, 1995 and onwards. The appellant, stated in his…

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