Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15(2)(VII) & 15-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Bona fide personal need of landlord ---Proof---Landlady by producing evidence on record had proved that shop in question was required for personal need of her son and such claim was fully established---Apprehension of tenant that landlady would let out premises in question after obtaining same to other tenant was covered by S.15-A of Sindh Rented Premises Ordinance, 1979 which should remove said apprehension. PLD 1981 SC 214; 1992 SCMR 1296; 1997 SCMR 1062; 2001 SCMR 1197; 2003 SCMR 1667; 2001 MLD 21; 2001 MLD 1219; 2000 YLR 1575; 2003 CLC 278; 1997 CLC 1085; PLD 1994 Kar. 219; 1999 CLC 470; 1989 SCMR 235; PLD 1981 SC 246; 2003 MLD 480 and 2004 YLR 3278 ref. Muhammad Saleem Hashmi Qureshi for Petitioner. Abdul Aziz Shaikh for Respondents. Date of hearing: 25th May, 2006. JUDGMENT MUNIB AHMED KHAN, J.--- This petition has been filed against the order, dated 11-9-2003 passed by 3rd Additional District Judge, Hyderabad in F.R.A. No.450 of 2003 whereby he has maintained the order of the Rent Controller dated 29-8-2002 by which he has dismissed the ejectment application of the petitioner. Learned counsel for the petitioner has argued that the application under section 15 of Sindh Rented Premises Ordinance for ejectment of the respondent was filed from the premises bearing Survey No.1674, Ward "A", Salawat Muhalla, Hakim Habibullah Road near Police Station Market, Hyderabad on the ground of default in payment of rent, personal need and subletting but now he is pressing ground of personal need only in this petition. Learned counsel has submitted that the petitioner has specifically raised the ground of personal need in para.10 of the application as well as paras.16 and 17 of the affidavit in evidence and in cross-examination the petitioner has stood the test of cross-examination and nothing has been brought on record to show that there is mala fide on the part of the petitioner or she will let out the shop to other tenant. In support of his contention he has relied upon PLD 1981 SC 214; 1992 SCMR 1296; 1997 SCMR 1062;…

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