Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2)(vii)

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2)(vii)---Bona fide personal need of landlord- --Expression "good faith"---Connotation---Expression "good faith" could not be given any rigid definition, but same had to be decided keeping in view facts and circumstances of each case---Landlord in order to establish good faith was required to prove that he had a genuine need of premises, which should certainly be more than a mere wish or desire---Good faith and reasonableness were the matters to be inferred from circumstances of each case---Reasonableness, good faith and bona fide requirement had to be judged from objective view-point and not on mere assertion or denial of parties. (b) Sindh Rented Premises Ordinance (XVII of 1979)------S. 15(2 )(vii)---Bona fide personal need of landlord---Determination of---Criteria. If a premises in possession of landlord is not suitable in peculiar facts and circumstances at the time of seeking ejectment of tenant, then requirement of landlord would be deemed to be bona fide, genuine, reasonable and in good faith entitling him to get premises in possession of tenant. However, if premises in possession of landlord is found suitable in given circumstances, then requirement of landlord would not be treated as bona fide and in good faith. Rajab Ali v. Darius B Kandawala PLD 1984 Kar. 14 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Bona fide personal need of landlord on ground of expansion or shrinking of his family---Principles. If landlord is living in a premises, which has become insufficient because of growth in family and day to day requirements of family members, then landlord is entitled to have possession of bigger house occupied by tenant. If family of landlord had expanded and grown or landlord had genuine desire to live in better surroundings, it shall be treated as bona fide personal requirement in good faith and landlord shall be entitled to get the tenant ejected. Conversely, there could be no reason to discard plea of landlord that with the shrinking of family, a bigger and spacious house had become unsuitable to them and an unnecessary liability and therefore, a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492