Case Details

Citation(s)
1992 SLG 639 1992 SLD 639 1992 SCMR 1158
Supreme Court of Pakistan
Civil Appeal No.346-K of 1986, decision dated: 1st April; 1991(On appeal from the judgment and order of the Sindh High Court, Karachi passed in F. R. As. Nos. l to 6/84, dated 5-2-1984)
ZAFFAR HUSSAIN MIRZA AND SALEEM AKHTAR, JJ

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Mrs. M.S. BAROBA

MANZOOR AHMAD

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S.14---Constitution of Pakistan (1973), Art.185(3)--- Leave to appeal was granted to consider whether in view of admitted position that landlord wanted to demolish the out-houses in order to erect a new construction on the plot of land, and further as the approved plan did not provide out-houses and the area occupied by the tenants' out-houses was proposed to be left vacant whether landlord could seek possession under S.14, Sindh Rented Premises Ordinance,. 1979. (b) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S.14---Bona fide personal need of landlord---Determination of---Extent--­Landlord, under provision of S.14, Sindh Rented Premises Ordinance, 1979, was relieved from the rigours of elaborate inquiry as to the good faith or hiss plea for requirement of the premises for personal use and to put him in possession thereof, in the shortest possible time. M.S. Baroba v. Manzoor Ahmed PLD 1968 Kar. 407 and Bakhsh Elahi v. Qazi Wasid Ali 1985 SCMR 291 rel. (c) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S.14---Landlord's requirement of premises for demolition of building and after reconstruction occupation of same for personal use---Validity---Pleas of reconstruction and personal use were not mutually destructive to each other. Dildar Shah v. Ch. Ghulam Haider 1985 SCMR 504 and Abdul Bai v. Khadam Hussain PLD 1970 SC 78 rel. (d) Sindh Rented 41rremises Ordinance (XVII of 1979)--- ----S.14---Bona fide personal requirement by landlord---Landlord's bona fides, although could not be investigated, yet the real purpose for which eviction was sought did not militate against bona fide personal requirement and same could be allowed to be pressed. Dildar Shah v. Ch. Ghulam Haider 1985 SCMR 504; Abdul Bai v, Khadam Hussain PLD 1970 SC 78; Dawood v. Muhammad Yasin PLD 1982 SC 227 and Muhammad Rafq v. Muhammad Ismail PLD 1988 SC 91 rel. (e) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S.14---Ejectment on ground of reconstruction independent of S.14 of the Ordinance XVII of 1979---Effect---Where ejectment was sought on ground of reconstruction independent of provision of S.14; Sindh Rented Premises…
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