Case Details

Citation(s)
2010 SLG 426 2010 SLD 426 2010 CLC 447
Sindh High Court
F.R.A. No.4 of 2007, decision dated: 23rd December, 2009
SHAHID ANWAR BAJWA, J

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NELOFAR SOOMAR

VS

Mst. SHAHIDA

Law: Cantonments Rent Restriction Act, 1963

Section: 24,17(4)(b)

Law: Cantonments Rent Restriction Act, 1963

Section: 24,17(4)(b)

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2)(c)(vii)

Law: Civil Procedure Code (V of 1908)

Section: O.XX,r.1

(a) Cantonments Rent Restriction Act (XI of 1963)-------S. 17---Bona fide personal need of landlord---Proof---If landlord has number of premises, he is not burdened with any other onus beyond making a bare statement of his need and establishing his bona fide. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(4)(b)---Ejectment of tenant---Bona fide personal need of landlord---Non-disclosure of business---Landlady had two shops in different localities of the city and she sought ejectment of tenant from the shop situated in Cantonment area---Rent Controller passed ejectment order on the ground of bona fide personal need---Plea raised by tenant was that landlady did not disclose nature of business she intended to do in shop in question---Validity---If there was another premises available to landlady, she had to travel beyond mere statement and to establish as to why premises chosen by her was more suitable than other premises available to her---It was not necessary for landlady to disclose in ejectment application as to what business she intended to start in the premises---high Court declined to interfere in eviction order passed by Rent Controller against tenant---Appeal was dismissed in circumstances. Sherin and 4 others v. Fazal Muhammad and 4 others 1995 SCMR 584; Abdul Wahab v. Commissioner of Income Tax and another 2006 PTD 476 and Pirzada Niaz Ahmed Farooqi through legal representatives v. Muhammad Bux and others 2004 SCMR 862 distinguished. Mst. Hajiyani Ayesha Bai v. Zahid Hussain 2001 SCMR 1301; Messrs Ibrahim Agencies v. Messrs Panorama Enterprises Ltd. 1997 MLD 3035; Province of Sindh through Secretary, Ministry of Works and Communications v. Messrs Umar Khan and 3 others 1986 MLD 1421; Mst. Aziz Khatoon v. Allah Diwaya and others PLD 1952 B.J. 22; Muhammad Ibrahim v. District Judge Appellate Authority Vehari and others 1985 CLC 2644; Anisur Rehman v. Mst. Sharifa Khatoon and another 1986 CLC 448; Abdul Majeed v. 1 District Judge Mirpur. 2. Khalid Rauf Mir 1997 MLD 2137 and Suhail Printer and others v. Shaikh Abid Ali and Company Pvt. Ltd. Civil Petitions Nos.24-K to 26-K of 2009 ref. Haji Mohibullah & Co. and others v. Khawaja…
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