2003 CLC 1631 KARACHI-HIGH-COURT-SINDH

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Mst. KHALIDA FAROOQ VS Mst. MARIAM YOUSUF 2000 MLD 695, 2001 PLC 325, 2003 YLR 226, PLD 1981 SC 246, PLD 1987 SC 447, Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Bona fide personal need of landlady--Rent Controller allowed the ejectment petition but the Appellate Court dismissed the same--¬Tenant agreed to pay enhanced rent but the landlady declined to accept the same and stated before High Court that the demised shop was required by her for personal bona fide use by her husband---Landlady showed before High Court, her willingness to pay Rs.3,00,000 to the tenant on account of security deposit and payment of electricity charges etc. though she was not liable to pay anything in excess to the amount of security deposit---High Court made the landlady understand the implications of S. 15-A of Sindh Rented Premises Ordinance, 1979, relating to imposition of fine---Effect--Landlady had no intention to re¬-let the demised shop to anybody else or to its use for purpose other than that for which she wanted to eject the tenant---High Court in exercise of constitutional jurisdiction set aside the judgment passed by Appellate Court and passed eviction order against the tenant in circumstances.