Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)---- ---- S. 15 --- Personal requirement of landlord --- Where ground of personal requirement, taken up by landlord alongwith other grounds of eviction, was independently established, giving up some of grounds, would not give rise to presumption that all grounds of eviction taken by landlord in eviction application were based on mala fides. Mst. Sadiqa Begum Waheeduddin v. Crescent Pak Industries Limited 1986 M L D 1788; Dr. Shaukat Bokhari v. Shabih Fatima 1986 M L D 1803; Abu Bakr v. Ch. Muhammad Abdullah 1986 M L D 227; Samiullah v. Mst. Begum Jahan 1986 C L C 2628; Anisur Rahman v. Mst. Sharifa Khatoon 1986 C L C 448 and 1984 C L C 90 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)----- ---- S. 15(2)(vii)--Personal bona ride need --- Landlady had been able to successfully establish that she required premises in question in good faith for her own use and that of her husband and son --- Personal bona fide need thus was proved. JUDGMENT This first rent appeal is directed against the order dated 22-11-1986 in Rent Case No.4612/82 whereby the learned Vth Senior Civil Judge & Rent Controller, Karachi (West) allowed the rent application and directed the appellant to vacate the premises in question within sixty days. Facts of the case briefly stated are that the respondent is the landlady of commercial premises in dispute, namely, Shop No.I-K-47 and I-K-48 situate in the Commercial Area, Block No.1, Nazimabad, Karachi, and the opponent is her tenant in respect of these two shops since 1st July 1973 at a monthly rent of Rs.150. The respondent filed the rent Application No.4612/82 under section 15 of the Sindh Rented Premises Ordinance, 1979 for the eviction of the appellant on the ground of default in payment of rent from the month of June, 1982, and also on the ground that she required the premises in good faith for the use of her husband and son. The case was contested by the appellant who in his written statement disputed both the grounds taken by the respondent in her application for eviction. However, it appears that at the time of arguments before the learned Rent Controller the first ground…

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