1998 CLC 1601 KARACHI-HIGH-COURT-SINDH

Full text

HABIB BANK LTD. VS MOHSIN AHMED HABIB Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S.21---Bona fide personal need of landlord---Landlord had initially asserted that it required premises in question for accommodating President of its establishment but subsequently case set up before Rent Controller was that premises were required for accommodating various executives of establishments visiting its head office in connection with official business from all over Pakistan as well as from foreign countries---Glaring inconsistency in the stand of landlord reflected lack of bona fides and good faith on its part in seeking eviction of tenant---Landlord's bona fide and good faith suffered another set back in so far as landlord had agreed to sell premises in question to tenant and formula worked out between parties would suggest that need and requirement of landlord, if any, was hardly bona fide and in good faith---Landlord's intention seemed to be to pressurize tenant by filing ejectment proceedings to enhance price of premises already worked out between them---Tenant on basis of agreement to sell had filed suit for specific performance of agreement to sell and in that case Trial Court had issued interim injunction order against landlord restraining it from evicting tenant during pendency of suit---Landlord would be acting in violation of prohibitory order passed by Court of competent jurisdiction by pursuing remedy of eviction---Landlord had failed to make out case for eviction of tenant---Rent Controller, thus, did not commit any error or illegality by refusing to direct ejectment of tenant.