Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (vii)---Personal bona fide need of landlord---Landlord seeking ejectment of tenant was not supposed to give all details with regard to requirement of premises for his personal use, but at least he was bound to disclose sufficient facts which would put the other side on notice as to what case he was to meet at the trial. Riaz Muhammad v. Mst. Bismillah Jan 1968 SCMR 981 and Carina v. Mrs: Dhrm Mhi Phiraze Dala PLD 1991 SC 265 ref. (b) Pleadings-- ---- Party could not be allowed to prove any case, other than one pleaded. Sher Muhammad and others v. Muhammad 1988 SCMR 881 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (vii)---Personal bona fide need of landlord---Landlord seeking ejectment of tenant on ground of his personal bona fide need, neither had stated anywhere that house presently in occupation of his family was not sufficient to meet requirements of his family nor he had given details of total accommodation available in house presently occupied by his family, to enable Court to judge bona fides and good faith of his need---Evidence showed that several flats had fallen vacant in same building and were let out by landlord during pendency of ejectment case against tenant---Had need of landlord been bona fide, he could have occupied any one or more of those flats---Landlord had sold so many flats of disputed building to different persons during pendency of case against tenant and he had also gifted some of flats in said building to his children who also sold out gifted flats---Some of those flats were sold out after filing case against tenant---Such fad had suggested that landlord was interested in disinvesting building flat wise and did not require flat in dispute for his personal use. Zahoor Din v. Ayub Ahmed 1981 SCMR 1081; Abdul Ahad Khan v. Sufi Muhammad Yasin and others PLD 1984 SC 200; Subah Sadiq v. Taj Din 1979 SCMR 297; Abdul Rahman v. Fazal Karim 1982 CLC 2641; Nikhat Riaz v. Manzoor Hasan 1991 SCMR 1434; Abul Kalam v. Mst. Dilshad 1991 SCMR 1421 and Muhammad Bashir v. Vensimal and others PLD 1980 Kar. 409 ref. (d) Sindh Rented Premises Ordinance (XVII of…

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