1996 SCMR 1257 SUPREME-COURT

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NIGHAT BASHIR VS SHOUKAT FAIZI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Constitution of Pakistan (1973), Art. 185---Bona fide personal need of landlady---Order of eviction passed by Rent Controller was set aside by High Court---Validity---High Court. failed to take notice of certain material facts appearing in evidence---Premises where landlady was residing had been gifted by her father to her brother---Landlady, thus, could not be deemed to be living with her parents---Landlady's assertion that she and her husband want to live in their own house in preference to that of her brother's could not be summarily rejected---High Court's view that since the dismissal of application preferred by landlady's mother relating to house in question, there had been no change of circumstances or that plea now being set up by landlady was not bona fide was insupportable---Tenant had never claimed that landlady owned another house which was more suitable for her needs---High Court, thus, erred in setting aside finding of Rent Controller on question of personal need---High Court's Order whereby order of eviction passed by Rent Controller was set aside on tenant's appeal being erroneous was set aside---Rent Controller's order of eviction was restored and tenant was. directed to hand over vacant possession to landlord within specified period.