| Citation(s) |
|---|
| 1991 SLG 483 1991 SLD 483 1991 PLD 302 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.393-K of 1990, decision dated: 26th September 1990.
MUHAMMAD AFZAL ZULLAH, C.J. AND AJMAL MIAN, J
N.C.Motiani, Advocate-on-Record. Imtiaz Muhammad Khan, Advocate-on-Record.
Civil Petition for Leave to Appeal No.393-K of 1990, decision dated: 26th September 1990.
MUHAMMAD AFZAL ZULLAH, C.J. AND AJMAL MIAN, J
N.C.Motiani, Advocate-on-Record. Imtiaz Muhammad Khan, Advocate-on-Record.
ABU BAKAR and another
VS
ABDUL HALEEM
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)--------- Ss. 14 & 15 --- Provisions of S.14 are beneficial and override the other provisions of the Ordinance and any other law for the time being in force--Rights conferred and taken away by S.14 detailed --- Persons specified in S.14(1) should be able to get the possession of the building owned by them without entering into controversial issues like the question of good faith or the regular trial of an ejectment case. A plain reading of section 14 of Sindh Rented Premises Ordinance, 1979 indicates that the provisions of the same override the other provisions of the Ordinance and any other law for the time being in force. It further indicates that a right has been conferred on a landlord of building who is a widow or a minor whose both parents are dead or a salaried employee due to retire within next six months or has retired or a person who is due to attain the age of sixty years within the next six months or has attained the age of sixty years, to inform the tenant by a notice in writing that he or she needs the building for personal use and may require him to deliver vacant possession of the building within such time as may be specified in the notice not being earlier than two months from the receipt thereof. proviso to subsection (1) takes away the above right from the above specified person if he or she has rented out the building after he has retired or attained the age of sixty years or as the case may be, become widow or orphan. It may also be pointed out that subsection (2) further imposes embargo on the above right by providing that the landlord shall not be entitled to avail the benefit of above subsection (1) if he is in occupation of a building owned by him in any locality. Subsection (3) of the above section 14 lays down that where the tenant has failed to deliver the possession of the building under subsection (1), the Controller shall on application by the landlord in this behalf order eviction of the tenant from the building in a summary manner by using such force as may be necessary. Section 14 in contradistinction to clause (viii) of sub-section (2) of section 15 of the Ordinance (which…
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