2000 CLC 997 KARACHI-HIGH-COURT-SINDH

Full text

SULTANA JAFERY VS MUHAMMAD ALI ABIDI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Bona fide personal need of landlord---Application filed by landlords was resisted by tenant on the ground that the need of the landlords was not bona fide and rent of the premises was enhanced one month prior to the filing of ejectment application---Validity---Statement made in the cross examination showed that the tenant had not challenged specifically the personal requirement of the landlords with regard to their expansion in business in good faith---Where the testimony and veracity of the landlord could not be shaken, fact that the rent was enhanced one month prior to the filing of ejectment application, would not show that the need of the landlords was riot in good faith---Increase in the rent on account of increase in taxes could not be considered to be unjustifiable, barring and disentitling the landlords from seeking eviction of the tenant on the ground of personal requirements; in case the good faith was proved by the landlords---Tenant failed to show anything which could disentitle in law the landlords from evicting the tenant from the premises---Order of Rent Controller required no interference in circumstances.