Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal need of landlord ---Ejectment of tenant---Filing of ejectment application through attorney---Evidence of attorney---Non­appearance of landladies as witness---Effect---Landladies had not directly informed the Rent Controller about their intention to use the premises--­Ejectment application was neither filed by the landladies themselves nor they had filed their affidavit---Application was filed through the attorney and evidence was also given by the attorney---Attorney's examination before Rent Controller was only evidence of a witness which could only be used for corroboration of a version of the landladies---Evidence of attorney that the landladies needed the premises for their use was only a hearsay evidence---Not necessary fir a landlord to appear for evidence to assert his plea of bona tide requirement, but it was necessary for him, at least to approach the Rent Controller through his application and put his plea that he required the premises for personal use---Plea and evidence of the attorney, in the absence of direct assertion of landladies themselves about their requirement, in the present case, could not be deemed adequate for affirmative inference on the issue of bona fide need of landladies---Findings of Rent Controller could not be maintained and the same were set aside in appeal by the High Court. JUDGMENT The appellant is tenant of the respondents in respect of a portion of premises No.22-A, Block-2 Central Commercial Area, PECHS, Karachi. On the grounds of default in payment of rent as well as personal bona fide need of the respondents. Rent Case No.754 of 1998 was filed before Vth Senior Civil Judge and Rent Controller (East) Karachi for eviction of the appellant. The rent case was filed through general attorney Muhammad Wasimullah Khan. After evidence of the parties, the learned Rent Controller found that the default in payment of rent was not proved, but he allowed the rent case holding that the premises was required by the applicants/respondents for their personal use. This finding has been called in question by way of the present appeal. Miss Kauser Amin, learned…

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