1995 MLD 1880 KARACHI-HIGH-COURT-SINDH

Full text

MUHAMMAD MOOSA KHAWAJA VS MUHAMMAD UMAR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(vii)---Bona fide personal need of landlord---Proof---Essentials--Landlord was required to prove "good faith" where he was seeking ejectment on the ground of personal requirement or use for himself or his spouse or any of his children--Landlord must allege and prove certain circumstances or facts which go to prove his requirement---Landlord need not prove absolute need or absolute requirement but he must prove that he required premises in question for his reasonable needs and that he was not seeking eviction on pretext of requiring additional accommodation with oblique motive of realizing some extraneous purpose---Onus to prove such essentials was on landlord--Landlord having failed o prove his bona fide requirement of premises was not entitled to seek ejectment of tenant on that ground.