| Citation(s) |
|---|
| 1990 SLG 945 1990 SLD 945 1990 SCMR 1117 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 628-K and 629-K of 1989, decision dated: 6-03-1990.
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY AND RUSTAM S. SIDHWA, JJ
Yahya Bukhtiar, Senior Advocate Supreme Court and Mrs. Majida Razvi, Advocate-on-Record for Petitioner. Nemo for
Respondent.
Civil Petitions for Leave to Appeal Nos. 628-K and 629-K of 1989, decision dated: 6-03-1990.
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY AND RUSTAM S. SIDHWA, JJ
Yahya Bukhtiar, Senior Advocate Supreme Court and Mrs. Majida Razvi, Advocate-on-Record for Petitioner. Nemo for
Respondent.
SALIM AHMAD KHAN-
VS
Mst. JAMILA LATIF
Law:
Section:
(a) Sind Rented Premises Ordinance (XVII of 1979)-------Ss. 14 & 15---Ejectment on ground of personal bona fide need---Filing of ejectment application under section 14 of Ordinance, would not bar filing of application under section 15 of Ordinance---Both sections 14 and 15 refer to separate; causes of action---No burden is cast on landlord to establish good faith in respect of his bona fide personal need in application moved under section 14 whereas same is necessary in application under section. 15. Bakhsh Elahi v. Qazi Wasif Ali 1985 SCMR 291 rel. (b) Sind Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(ii)(vii)---Constitution of Pakistan (1973), Art. 185(3)---Concurrent finding of fact---Leave to appeal ---Both Courts below had arrived at concurrent finding of fact that disputed rent of premises neither was paid, nor was sent by tenant to landlord by money-order and that landlord had proved his personal bona fide need in respect of premises in dispute---Concurrent finding of fact of two Courts below was based on record and nothing had been pointed out by petitioner from record to displace that finding---Case, held, was not fit for interference. ORDER RUSTAM S. SIDHWA, J.---This judgment will dispose of two petitions, C.P.LA. Nos. 628-K of 1989 and 629-K of 1989 filed by Salim Ahmad Khan petitioner seeking leave to appeal against two separate judgments passed by 'a learned Single Judge of the Sindh High Court, Karachi, dated 19th September, 1989, dismissing his two separate appeals. 2. The brief facts of the case are as follows:-- On 1st January, 1973, one .Muhammad Latif, the late husband of Mst. Jamila Latif, the present respondent, leased out two shops which were previously two garages in front of his house bearing No. 172-Y, Block No. 2, Tariq Road, P.E.C.H. Society, Karachi, to Salim Ahmad Khan, present petitioner, on a rental of Rs.200 per mensem each, for a period of 11 months; the rent to be paid by him before the 10th of every month. On 1st February, 1973, the said Muhammad Latif leased out to the petitioner the whole of his bungalow on the same plot on a rental of Rs.500 per mensem for a period Of 11 months. The commercial plot 20' x…
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