Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15(2)(vii) & 21---Bona fide personal need of landlord---Landlady who filed ejectment application having died during pendency of the proceedings, attorney of legal heir of deceased filed amended ejectment application which was accepted by the Rent Controller directing tenant to hand over vacant' possession of shop to the applicant---Brother of deceased landlady in his application before Appellate Authority had prayed to treat the power of attorney executed in favour of attorney of legal heirs of deceased as cancelled---Tenant had also moved application with a prayer to set aside ejectment order against him as he had surrendered possession of shop in dispute to the brother of deceased and had obtained fresh tenancy from him under the agreement and that ejectment order passed against him had become infructuous---Validity--­If tenant had surrendered possession of shop in violation of ejectment order passed by Rent Controller, he was not entitled to take its benefit in appeal filed against order of Rent Controller---Since tenant- had sought decision of appeal, appeal was dismissed as the same itself had become infructuous because tenant/appellant had surrendered possession of the shop in dispute to one of respondents/landlords in compliance with order of Rent Controller, it was not the impugned order, but appeal itself that had become infructuous. B.N. Bangash for Appellant. Miss Hafiza Usman for Respondents. Date of hearing: 28th January, 2001. JDUGMENT The appellant was tenant of Mst. Aziza Begum in one of the shops in premises No.S-1/1; Saudabad, Karachi. Said landlady filed Rent Case No.134 of 1991 for eviction of the appellant alleging that she wanted to use the shop, after converting it into a room for residential purpose,, herself as well as for residence of children of her son Ashraf. 2. The landlady and one of her legal heirs died during pendency of the rent case, and the rent application was amended accordingly. In the last application, it was alleged that the shop in dispute, alongwith two other adjacent shops, will be converted into residential rooms for family of Ashraf. 3. The learned VIIth…

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