1999 MLD 3331 KARACHI-HIGH-COURT-SINDH

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ABDUL JILLANI VS JEENAT BI 1987 SCMR 2051, 1989 SCMR 130, 1991 C L C 1137, 1991 M L D 732, 1992 C L C 1753, 1992 SCMR 1152, 1992 SCMR 1330, 1993 C L C 1350, 1993 SCMR 67, 1996 SCMR 1178, PLD 1993 Kar. 491, West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 15---Bona fide personal need of landlord---Partition through family settlement---Partition agreement was not registered---Landlady was allocated portion of property through a family settlement---Two other shops in the common. property were lying vacant and one shop was re-let out during pendency of eviction proceedings---Right of landlady to utilize such vacant shops---Held, partition agreement was a family settlement and was just an acknowledgment of shares of each co-owner, which could not be regarded as either transfer of property or contract to transfer of immovable property---No other shop was available to landlady for occupation---Rent Controller had rightly ordered the eviction of tenant in circumstances.