Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ---Ss. 2(a) & 14---Bona fide personal need---Right of co-sharer in building to seek ejectment of more than one tenant---Scope---Different tenants under separate and individual tenancies, if in possession of different parts of a building, then each part would be treated as building---Landlord/co-owner could get possession of one building involving one tenancy, even though not satisfying his requirement fully---Co-sharer-husband could get possession of jointly owned building involving several independent tenancies, where other co-sharers were his wife and children---Principles. Razia Khatoon's case 1991 SCMR 840 and Shaikh Muhammad Khalid's 1992 CLC 2307 rel. Muhammad v. Dilawar Khan Durrani and Dilawar Khan Durrani v. Muhammad (Civil Appeals Nos.112-K and 113-K of 1987; Bakar v. Mst. Khatoon Hajin Kala alias Kala Begum C.P.L.A No.266-K of 1987 and Mst. Khurshid Azmat Ali v. A.S. Mughal and Ayub Sultan, Civil Appeals No.9-K and 10-K of 1982 distinguished. ORDER MUHAMMAD SADIQ LEGHARI, J.--- This order shall dispose of the above mentioned three constitutional petitions, involving the same question of law. The petitions assail three eviction orders passed by 1st Rent Controller, Karachi-South on 31-7-2004 in three rent cases (i.e. Rent Cases Nos.637 of 2002, 638 of 2002 and 640 of 2002) and the decisions pronounced by the Appellate Authority/Vth Additional District Judge, Karachi-South on 30-8-2005 in F.R.As. (i.e. F.R.As. Nos.114 of 2004, 115 of 2004 and 116 of 2004). 2. The three petitioners are tenants separately in respect of Shop No.3, Godown No.1, Godown No.3 respectively constructed on the ground floor of the building called as Saleem Center, built on Plot No.MR-7/25, Ram Bharti Street Market Quarters, Jodia Bazar, Karachi (hereinafter referred to as "the shop and Godowns" or "the rented premises"). Respondent No.3 Ghulam Qadir Abbasi Kalhoro (hereinafter referred to as "the landlord") and 6 others have shares in the building i.e. Saleem Center. After retiring from the post of Excise and Taxation Officer on 1-3-2002 the respondent No.3 filed separate rent cases number whereof are mentioned above, in the…

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