Case Details

Citation(s)
2005 SLG 1897 2005 SLD 1897 2005 PLD 425
Sindh High Court
Constitutional Petition No. S-456 of 2002, decided on 29th April, 2004, DATE of hearing: 28th January, 2004.
SYED ZAWWAR HUSSAIN, JAFFERI, J
Khalid Javed for Petitioners. Nazar Akbar for
Respondent No. 3.

Syed KAZIM RAZA AFRIDI and others

VS

DISTRICT JUDGE and others

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(iii)(c), (iv) & (v)---Infringing terms of tenancy and impairing the utility of premises by tenant---Tenant was using electricity, but was not regularly paying electricity charges and due to non-payment of electricity charges, 'Authorities had disconnected electricity---Tenant, in circumstances had infringed the terms of tenancy and had impaired utility of premises in question---Rent Controller was not justified in holding that tenant was not liable to be evicted from premises, being in arrears of electricity charges---Due to non-payment of electricity charges, electricity of entire building was disconnected for which landlord including his family members suffered a lot---Landlord had to approach Civil Court for restoration of electricity due to fault of tenant by which conduct, landlord and his family suffered a great hardship/inconvenience/nuisance and tenant was liable to be ejected from premises in question on such grounds. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(vii)---Bona fide personal need of landlord---Landlord in his ejectment application had specifically stated that premises in question was required by him for his son, for his personal bona fide use and in good faith as he being of grown up age was willing to run his business of General Store in the shop in question-- Tenant had denied personal use of landlord for his son contending that as age of his son was about 15 years and he was studying in school he was not capable of doing any business---Contention of tenant was misconceived because during pendency of proceedings between parties in different forums, son of landlord had become adult---Boy having 16/17 years of age could successfully run a shop and he appeared in Court proceedings and his intelligence had been noted by the Court---Landlord, in circumstances had fully ,proved his bona fide personal need in respect of premises in question---Tenant was directed to hand-over peaceful vacant physical possession of premises in question to landlord within specified period. 1992 MLD 1782; PLD 1969 SC 617; 2000 SCMR 1613; 2002 SCMR 241; 1991 SCMR 846; 2002 SCMR…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492