Case Details

Citation(s)
1993 SLG 1036 1993 SLD 1036 1993 CLC 2250
Sindh High Court
F.RA. No. 1127 of 1982, decided on 16th August, 1992.
SYED HAIDER ALI PIRZADA, J

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Mst. AKHTARI BEGUM

VS

MUHAMMAD QASIM

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (vii)---Personal bona fide need of landlord---Tent had contended that on date of filing ejectment application against him on ground of personal need, landlord was in occupation of another shop in premises where he was running a jewellery shop through his employee, but landlord denied that fact---Fact that shop was occupied by landlord and person doing business in that shop was his employee and was not inducted as tenant as alleged by landlord had fully been established---Where a landlord retained control over premises or a shop, he would in law be deemed to be in occupation of the same. Muhammad Rifatullah Ali v. Imran Ansari PLD 1990 SC 369 ref (b) Witness--- ----Credibility of---In order to judge credibility of witnesses, Court was not confined only to the way in which witnesses had deposed or to demeanour of witnesses, but it was open to it to look into surrounding circumstances as well as the probabilities so that it could be able to form a correct idea of trustworthiness of witnesses---Such point could not be determined by considering the evidence adduced in the Court separately from the surrounding circumstances which had also been brought out in evidence. Chaturbhuj Pande and others v. Collector, Raigarh AIR 1969 SC 255; Income-tax, West Bengal II, Calcutta v. Durga Prasad More AIR 1971 SC 2439 and Qamaruddin through his Legal Heirs v. Hakim Mahmood Khan 1988 SCMR 819 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S. 15 (2) (vii)---Personal bona fide need of landlord---Where ejectment of tenant was sought on ground of personal bona fide need, landlord must satisfy Rent Controller that his request was genuine before he could obtain an order in his favour---Rent Controller must be satisfied about reality of claim made by landlord and genuineness of claim of landlord could only be established by looking at all surrounding circumstances, such as whether landlord was in occupation of any premises or not, was not enough that landlord come forward and say that he wanted to settle his son in premises in question. Haji Muhammad Ramzan v. Mian Jamil Shah PLD 1967 Pesh. 380; Gut Dad…
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