Law: Sindh Rented Premises Ordinance, 1979

Section: 15(2)(vi)

Sind Rented Premises Ordinance, 1979 (XVII of 1979)-- — -S. 15 (2)(vi) read with S. 15-A(4)-Tenant-Ejectment of-Appeal against- Bonafidc requirement for reconstruction of building-Ground of-Whether respondent is legally obliged to construct a composite building to make • provisions of Section 15-A(4) workable— Question of—Plain and unambiguous ! language of Section 15(2)(vi) leaves no manner of doubt that landlord is under no legal bar to reconstruct or erect a new building or site, of same type which he had demolished— Held: It is manifestly clear that landlord has an absolute and unfettered right to restore or erect a new building of any type, either of same type as one demolished or of a different type than that of demolished building on site of demolished building-Both appeals dismissed. |Pp.4X34S4]AB 1988 CLC 1363 and PLD 1983 SC 342 rcl. JUDGMENT For the sake of convenience,propose to decide these two appeals by this single order as they involve common questions of law and facts. Mrs. Maimoona Begum, the respondent in both the appeals is the owner of the property bearing No.R-483, Block 2, Federal ‘B’ Area, Karachi, consisting of two shops and a residential portion. Ehsan son of Shafi, appellant in F.R.A. No.349/1985 is the tenant of shop (Hamam) on a monthly rent of Rs.80/-; whereas Habccb son of Bandeh Ali, appellant in F.R.A. No.376/1985 is also a tenant of one shop on a monthly rent of Rs.85/-. On 20.7.1981, the respondent filed two separate applications u/s. 15 of the Sind Rented Premises Ordinance, 1979 (hereinafter referred to as ‘the Ordinance’) for eviction of the appellants from their respective premises on the sole ground of reconstruction of building after demolishing the existing old structure for her own use. The appellants contested the ejectment applications by filing separate written statements commonly pleading, intcr-alia, that the existing structure is sound enough for raising first floor residential accommodation for her (respondent’s) use, that if she would desire to demolish it then she should either re-accommodate the appellants in the newly constructed building or give them a-suitable alternative accommodation. The approved plan…

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