Case Details

Citation(s)
1991 SLG 1066 1991 SLD 1066 1991 SCMR 846
Supreme Court of Pakistan
Civil Appeal No. 449-K in Civil Petition No.204-K of 1990, decision dated: 21st January, 1991
ABDUL KADIR SHAIKH AND SAJJAD ALI SHAH, JJ

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MUHAMMAD BASHIR

SAKHAWAT HUSSAIN

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--S. 15---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant was sought on the grounds of default in (lie payment of rent, subletting and personal need---Leave to appeal was granted to consider the evidence and finding of the High Court in the light of contention that during the pendency of the proceedings, another shop had been acquired by the landlord, which fact would reflect upon the bona fides of his requirement. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---No legal impediment in the way of landlord existed if he wanted to start business in fhb demised premises in spite of the fact that he was a rich man and had no children---Landlord could do whatever he liked with his property and if interest of tenant was involved because property of landlord was rented out to him, his rights were protected under the law---If landlord did not contravene the provisions of law, which allowed him the relief, then it was not open to the tenant, or even for that matter to the Court, to make a comment as to what landlord should do or should not do. Muhammad Siddique v. Muhammad Shoail 1986 S C M R 1207 and Muhammad Sharif v. Nisar Ahmed 1Q5,S S C M R 1587 fol. (c) Sindh Rented Premises Ordinance (XVII of 1979)------S. 15---Ejectment of tenant was sought on grounds of default in the payment of rent, subletting and personal need ---Landlord, during the pendency of the proceedings had acquired another shop which was adjacent to the shop in dispute---Contention that landlord having acquired shop would recoil on the bona fides of his requirement was not tenable when landlord had taken unrebutted stand that he wanted two shops which were adjacent to each other for the purpose of his business. JUDGMENT SAJJAD ALI SHAH, J.---Appellant and respondent before us are tenant and landlord respectively (hereinafter to be referred to as `tenant' and `landlord') of Shop No.8 in Hussain Square, North Nazimabad, on a monthly rental of Rs.120. The landlord filed ejectment application in Rent Case No.4513 of 1982 in the Court of VIIth Senior Civil Judge and Rent Controller, Karachi under section 15 of the Sindh…
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