Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--­S. 14---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider questions of law viz. (i) whether predecessor-in-interest of landlady failed to prove that having attained the age of sixty years, she was entitled to invoke S.14; (ii) whether an application under S.14 of the Ordinance by a widow for use of the demised premises for her children was maintainable, and (iii) whether right to sue survived after her death during the proceedings. (b) Sindh Rented Premises Ordinance (XVII of 1979)--­ ----S. 14---Age of landlord---Entries of the National Identity Card should hold the field unless they were rebutted by an equally good or better evidence---[Age]. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 14, proviso---Expression `as the case may be'---Connotation--­Disqualification in one capacity would not entail disqualification for all time and for availing of the right becoming available under a different category---Bona fides of the use of son thus could not be made the basis for a decision against the landlord, if otherwise the requirements of S.14 were found satisfied. Bakhsh Elahi's case 1985 S C M R 291 ref. (d) Sindh Rented Premises Ordinance (XVII of 1979)--­ ----S. 14---Where two separate tenancies were involved, both of the same character i.e. residential or commercial, they could not be got vacated by recourse to S.14 because a restricted right had been made available to a special category for a purpose. Bakar v. Mst. Khatoon Hajin Kala alias Kala Begum C.P.L.A. No.266-K of 1987; Mst. Khurshid Azmat Ali v. A.S. Mughal and Ayub Sultan Civil Appeals Nos. 9-K and 10-K of 1982 distinguished. JUDGMENT SHAFIUR RAHMAN, J: -- These two appeals of a landlady by leave of the Court have come up to examine the following questions of law arising out of the petitions for leave to appeal and during the course of the hearing of the appeals:-­ (1) Whether the High Court had correctly held that the predecessor-in-interest of the appellants failed to prove that having attained the age of sixty years, she was entitled to invoke section 14 of the Sindh Rented Premises Ordinance, 1979…

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