Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S.15---Constitution of Pakistan (1973), Art.185(3)--- Leave to appeal was granted to consider the submission that although the nature of the business sought to be carried on by the landlord in shop in question, was not mentioned in ejectment application yet same was specifically stated in the affidavit and that the approach of the High Court regarding financial position of the landlord was not correct. Muhammad Azizullah v. Abdul Ghaffar 1984 CLC 2837; Sudan Press Limited, Karachi v. Muhammad Hassan PLD 1985 Kar. 624; Akhlaq-un-Nabi v. Nawab Ahmad Shamsi 1986 CLC 1100 and Ghulam Nabi v. Muhammad Sachal 1986 CLC 2858 ref. Raja Qurban Khan v. Begum M.M. Sharif and another 1980 SCMR 590; Zahoor Din v. Mirza Ayub Baig 1981 SCMR 1081 and Mst. Saira Bai v. Syed Anisur Rzhman 1989 SCMR 1366 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S.20---Civil Procedure Code (V of 1908), preamble---Proceedings under Sindh Rented Premises Ordinance, 1979---Applicability of provisions of Civil Procedure Code, 1908 to such proceedings--- Extent---Powers of Civil Court under the provisions contained in Civil Procedure Code, 1908, in respect of summoning and enforcing the attendance of any person and examining him on oath; compelling production or delivery of documents; inspecting the site; and issuing commission for examination of witnesses or documents have been given to Rent Controller under S.20, Sindh Rented Premises Ordinance, 1979---, Other provisions of Civil Procedure Code, 1908, are not invested in Rent Controller while dealing with an ejectment application. (c) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S.15---Constitution of Pakistan (1973), Art.18---Landlord's requirement of premises for his bona fide personal use or for use and occupation of any of his spouses or children---Essentials---Embargo--- Effect---Question whether landlord did not require the premises in good faith could be determined by cross- examining him on his affidavit or anybody else that he did not require the same in good -faith--:-Disclosure of nature of business which landlord wanted to do in the shop premises though…

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