Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.VIII,XXII,R.3(2),10

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)-Ejectment petition---Bona fide personal need of landlord for himself or any of his family members---Extinguishment of such need i.e. cause of action---Situations stated. If landlord being a doctor claims that he needs the premises to set up his Clinic and none of his children is a doctor, such need would stand extinguished on death of the landlord. There may be situations, where even if landlord is still alive, cause of action would extinguish with a death in the family. For example, if landlord claims that he needs the premises for use of his son and during pendency of the application, his son expires or if landlord claims that he needs the ground floor for use of his wife because she is disabled person and during pendency of proceedings she expires. In such situation, cause of action would stand extinguished. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)---Civil Procedure Code (V of 1908), O. XXII, R.3(2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Filing of ejectment petition by landlord through his son/attorney---Death of landlord during pendency of appeal filed against dismissal of ejectment petition by Rent Control---Filing of list of legal heirs of landlord after 90 days of his death---Acceptance of ejectment petition by Appellate Court---Validity---In absence of application having been made for impleading legal heirs of landlord within prescribed time, Appellate Court could pronounce in appeal, which would have same force and effect as pronounced before his death---Impugned order was not non-est for lack of bringing on record legal heirs of landlord---High Court dismissed constitutional petition filed by tenant. Usman Pirzada v. The Additional District and Sessions Judge Lahore and 7 others 1985 MLD 549; Mst. Iffat Masood and 2 others v. Rehmat Ali PLD 1990 Lah. 359; F.B. Davis v. Mrs. Shakar Khano Bai represented by Legal heirs 1986 MLD 1342; Mst. Surraya and 7 others v. Additional District Judge, Lahore and 8 others 1990 ALD 585; Nasir Ahmed Sheikh v. The State Life Insurance…

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