1998 CLC 1505 KARACHI-HIGH-COURT-SINDH

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HAFEEZA BEGUM VS ABDUL GHAFFAR Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S.21---Appeal against dismissal of ejectment application---Grounds for ejectment of tenant were, default in payment of rent, personal bona fide need and impairing utility of premises in question---Evidence relating to nuisance on the part of tenant must impute conduct which could cause injury, damage, hurt, inconvenience, annoyance or discomfort to landlord in enjoyment of his right of person or property---Nuisance must be something which could occasion unpleasant or disagreeable situation---Where nuisance complained of related to small premises not exceeding 80 sq. yards; persons living in those premises having vehicle or two vehicles; same were bound to be parked outside premises in question---Congestion was bound to occur by parking vehicles outside such small houses, but at the same time magnitude of such nuisance and inconvenience could not be such nature as to warrant eviction of tenant from such premises---Landlord had not mentioned even default in payment of rent in his evidence before Rent Controller---No evidence was brought on record in support of plea that tenant had converted residential premises into commercial one---Landlord/landlady had failed to substantiate her claim for personal bona fide need---Judgment of Rent Controller refusing ejectment of tenant on basis of evidence on record being based on cogent reasons, would not warrant interference by High Court in appeal.