Case Details

Citation(s)
2000 SLG 2253 2000 SLD 2253 2000 PLD 753
Supreme Court of Pakistan
Civil Appeal No. 1783 of 1997, Dated: 29th May, 2002. heard on: 29th May, 2002.
RANA BHAGWANDAS, JUSTICE, SYED DEEDAR HUSSAIN SHAH, JUSTICE AND ABDUL HAMEED DOGAR, JUSTICE
Fakhruddin G. Ebrahim, Senior Advocate Supreme Court and K.A. Wahab, Advocate on Record (absent) for Appellants. A.A. Siddiqui, Advocate on Record for
Respondent.

MUHAMMAD NASEEM KHAN AND 5 others

VS

UNITED BANK LIMITED, A BANKING COMPANY, REGISTERED UNDER THE COMPANIES ACT, HAVING ITS, REGISTERED OFFICE AT I. I.CHUNDRIGAR ROAD, AND BRANCH AT MARRIOT ROAD, KARACHI

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)---.--- ---.--- S. 15---.---Constitution of Pakistan (1973), Art.185(3)---.---Bona fide personal need of landlord---.---Default in payment of rent---.---Leave to appeal was granted by Supreme Court to consider as to whether in view of the fact that lease period had expired, the finding on the point of personal requirement could have been reversed by the High Court on the grounds finding favour with it, keeping in view, the terms of the lease. (b) Sindh Rented Premises Ordinance (XVII of 1979)---.--- ---.--- S. 15---.---Bona fide personal need of landlord---.---Expiry of lease agreement---.---Effect---.---Contention that expiry of lease deed, in any case, does not come in the way of the tenant, was not tenable for the reason that the extension of lease was always contingent upon the consent of the landlord and such period could not be extended unilaterally. Mrs. Zehra Begum v. Messrs Pakistan Burmah Shell Limited PLD 1984 SC 38 distinguished. (c) Sindh Rented Premises Ordinance (XVII of 1979)---.--- ---.--- S. 15---.---Constitution of Pakistan (1973), Art.187---.---Bona fide personal need of landlord---.---Landlords were in litigation since 1994; they intended to commerce their business and they had fully proved their bona fide need in good faith---.---Landlords could not be denied their right of occupation of the demised premises---.---Plea that tenant was a bank managed and controlled by the Government was not a valid ground, because Supreme Court was bound to do complete justice in the matter as required under Art. 187 of the Constitution. THIS JUDGMENT DELIVERED BY: SYED DEEDAR HUSSAIN SHAH, JUSTICE:---.--- This appeal with leave of the Court is directed against the judgment of the High Court of Sindh, dated 10 7 1996, passed in F. R. As. No. 195 and 225 of 1995. 2. On 11 4 1994 appellants filed Rent Application No.537 of 1994 against respondent/United Bank Limited for eviction from the premises No.G 5, constructed on Plot bearing Survey No.37, .Street No.M.R 1, Market Quarters, Marriot Road, Karachi, on the ground of default in payment of rent and their personal bona fide requirement. Respondent is the…
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