| Citation(s) |
|---|
| 2008 SLG 1477 2008 SLD 1477 2008 SCMR 28 |
Supreme Court of Pakistan
Civil Petition No.189-K of 2007, decision dated: 15-03-2007, hearing DATE : 14-07-2007
RANA BHAGWANDAS, ACTG. C.J., SAIYED SAEED ASHHAD AND HAMID ALI MIRZA, JJ
Abrar Hassan, Advocate Supreme Court and Sulemen Habibullah, Advocate-on-Record for Petitioners. Nemo for
Respondent
Civil Petition No.189-K of 2007, decision dated: 15-03-2007, hearing DATE : 14-07-2007
RANA BHAGWANDAS, ACTG. C.J., SAIYED SAEED ASHHAD AND HAMID ALI MIRZA, JJ
Abrar Hassan, Advocate Supreme Court and Sulemen Habibullah, Advocate-on-Record for Petitioners. Nemo for
Respondent
JAVED KHALIQUE
VS
MUHAMMAD IRFAN
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)---S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)-Eviction application---Bona fide personal need of landlord---Proof---Normally, landlord must be allowed benefit of use of his premises, unless any circumstance was brought on record indicating his requirement to be mala fide---Landlord had to prove his need to be genuine at the time of filing eviction proceedings; and that he had not got other property vacated, which was suitable for his need asked for---Principles. Syed Abdul Haleem Agha and others v. Sikandar Khan C.P. No.2585 of 2005; S.M. Nooruddin and 9 others v. SAGA Printers 1998 SCMR 2119; Bashir Ahmed v. Muhammad Shafi 1989 SCMR 538 and Nooruddin and others v. Asghar Ali and others 1968 SCMR 1087 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan (1973), Art.185(3)-Eviction application---Suppression of material facts by landlord in eviction application and evidence---Effect---Landlord would become disentitled to claimed relief. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)-Eviction application---Bona fide personal need of landlord, ground of---Enhancement of rent by landlord from time to time---Effect---Such enhancement would not disentitle landlord to seek eviction of tenant on such ground in changed circumstances. Altaf Hussain v. Mst. Nuzhat-un-Nisa PLD 2000 SC 67 rel. (d) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)-Eviction application---Bona fide personal need of landlord, ground of---Concurrent findings of fact in favour of landlord rendered by Rent Controller and High Court after proper appraisal of evidence on record and law---Supreme Court declined to interfere in such findings by refusing leave to appeal. JUDGMENT HAMID ALI MIRZA, J.--- This civil petition for leave to appeal is directed against judgment, dated 15-3-2007 passed by learned Single Judge of the High Court of Sindh Bench at Sukkur, in Muhammad Irfan v. Javed Khalique C.P. No.S-389 of 2003 whereby the said constitutional petition was…
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