Law:

Section:

Sindh Rented Premises Ordinance (XV1I of 1979)--- ----S. 15---Reconstruction of building---Essentials---Existing building was commercial-cum-residential in character---Approved plan was only for residential building, there being no provision in it for construction of shops on ground floor ---Lanldord was under no legal bar to reconstruct or erect a new building on the site of the same nature and type which he had demolished for the purpose of reconstruction or erection of a new building---Landlord thus had an absolute and unfettered right to restore or erect a new building of any type either of the same type as the one demolished or of a different type than that of the demolished building on that site. Muhammad Hafeez and another v. Muhammad Azeem and 9 others 1984 C L C 1983; Muhammad Ahmed v. Rana Muhammad Rafique 1986 M L D 1759; Messrs Delite House Ltd. v. Fayyaz Akbar 1988 C L C 1363; Abdul Hadi alias Abdul Hadi Hasan and 2 others v. Syed Ali Haider and others P L. D 1983. SC 342; P L D 1,978 SC 78 (2) and P L D 1980 SC 206 ref. JUDGMENT For the sake of convenience, I propose to decide these two appeals by this single order as they involve common questions of law and facts. Mrs. Maimoona 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 Shat, appellant in F.R.A. No. 349/1985 is the tenant of shop (Hamam) on a monthly rent of Rs.80; whereas Habeeb 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 under section 15 of the Sindh 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, inter alia, that the existing structure is sound enough for raising first floor residential accommodation for her (respondent's) use, that…

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