1995 MLD 1054 KARACHI-HIGH-COURT-SINDH

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CHARTERED BANK VS SHIRIN BAI Y. SAJJAN Sindh Rented Premises Ordinance 1979--6 , Sindh Rented Premises Ordinance 1979 ----Ss. 6 & 15(2)(i)---Ejectment after expiry of lease period---Premises in dispute was leased out to tenant Bank and initial lease agreement was executed for a period of three years with a clause for-renewal of lease for further period of three years and that practice continued from 195.1 up to 1981, but last lease was executed without renewal clause---Landlord after expiry of last lease period, sought ejectment of tenant-Bank on ground of expiry of lease period, which was resisted by tenant-Bank contending that case was of long term tenancy and that S.6 as well as cl. (i) of subsection (2) of S.15 of the Ordinance having been omitted by amendment with effect from 30-7-1984, ground for eviction that tenancy had ceased to be valid, was no more available to landlord---Contentions of tenant were repelled, firstly, because landlord had clearly notified tenants that lease would no longer be renewed as they needed premises in question for their own use and for use of their children and secondly amendment in Ss. 6 & 15 of the Ordinance was made long after filing of ejectment application against tenant---Landlord on date of filing ejectment application had a right to seek ejectment on ground of expiry of lease period which right could not be defeated as amendment brought by Legislature was not retrospective in operation ---Right to seek eviction of tenant on ground of expiry of tenancy, would be protected and saved in spite of repeal of S. 6 of the Ordinance.