Case Details

Citation(s)
1993 SLG 757 1993 SLD 757 1993 CLC 1723
Sindh High Court

AKHTAR ALI G. KAZI, J
Iftikhar-ud-Din for Appellant. Khalilur Rehman for
Respondent

MA. QAYYUM

VS

Mrs. ROSHAN SULTANA and other

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2)(vii)---Personal bona fide need of landlord---Landlady seeking ejectment of tenant had fully established that she had no residential place other than flat in dispute and that some times she resided in house of her mother and some times in house of her mother-in-law which was hardly sufficient to accommodate family of her in-laws---Bona fide personal requirement in respect of premises in dispute as claimed by landlady having gone unchallenged as no evidence had been led on behalf of tenant to disprove assertion of landlady, tenant was rightly ordered to be ejected from premises. 1986 SCMR 1873 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2)(vii)---Personal bona, fide need of landlord---Wife could independently hold property, even if she was residing with her husband and had sufficient accommodation in house of her husband and no embargo was in law against her assertion of right to live in her own house. MA. Rauf v. Mst. Memooda Begum 1985 SCMR 1960 ref. JUDGMENT This appeal arose from the judgment of IInd Rent Controller, South Karachi, dated 14-9-1989, whereby ejectment application of respondent Mst. Roshan Sultana was allowed and appellant MA. Qayyum was directed to vacate the premises in dispute and put the respondent No. 1 Mst. Roshan Sultan in its possession within two months of the judgment. 2. The brief facts relevant for the disposal of the appeal are that the respondent No.l is the owner of Flat No.28, Jehangir House, Hussain D'Silva Gardens, Nishtar Road, Karachi and the appellant is her tenant, in respect of the above flat/premises at the monthly rent of Rs.550 per month. It is further the case of the respondent that the appellant tried to get the flat in question transferred in his name from the Administrator, Shehanshah Jehangir Co­operative Housing Society, Karachi, but failed to get the premises transferred in his name. According to her in the year 1978, the appellant shifted, therefrom and sublet this flat to respondent No.2, without her prior consent and intimation and the appellant shifted to the House No.40-Z, Block-6, P.E.C.H.S., Karachi. It is further…
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