Case Details

Citation(s)
2000 SLG 940 2000 SLD 940 2000 SCMR 1239 2000 SLD 1352 2000 SCMR 1239
Supreme Court of Pakistan
Civil Petition No. 84-K of 1999, decision dated: 13-07-1999.
SAIDUZZAMAN SIDDIQUI, C.J., MANWON KAZI AND KAMAL MANSUR ALAIN, JJ

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REHANA JAMAL and others

VS

MUHAMMAD ASIM

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--S. 15---Constitution of Pakistan (1973), Art.185(3)---Default by tenant and plea of bona fide personal use of landlady---Suppression of facts by landlady with regard to other properties owned by her ---Ejectment petition was dismissed by both the Courts below---Contention raised by landlady was that High Court was in error while holding that tenant was not liable to be ejected on the ground of default and that of her personal bona fide need--­Evidence of landlady was disbelieved on the ground that landlady had suppressed material facts in regard to other properties owned by her---Leave to appeal was granted to consider contentions raised by the landlady in circumstances. Syed Haider Ali Pirzada, Advocate Supreme Court and A. Aziz Khan, Advocate-on-Record for Petitioners. Nemo for Respondent. ORDER MAMOON KAZI, J.---The petitioner, claiming to have become absolute owner of property situated on Plot No.SE-3, Block G, North Nazimabad, Karachi served a notice under section 18 of the Sindh Rented Premises Ordinance, 1979, dated 19-1-1992 on the respondent, who was her tenant in Shops Nos.104 and 105, claiming rent from January, 1992. The respondent, however, informed the petitioner through his Advocate's letter that he had started depositing rent in M.R.C. Nos.216 of 1992 and 217 of 1992. Subsequently, ejectment application was filed by the petitioner in May, 1992 seeking the respondent's ejectment from the demised premises on account of non-payment of rent as well as personal need of the petitioner. The relief was, however, declined by the Rent Controller and the rent appeal…
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