1994 SCMR 913 SUPREME-COURT

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NAJMA ASHRAF VS NOOR JEHAN Sindh Rented Premises Ordinance 1979--15 , -----Ss. 14` & 15---Application under S. 14, Sindh Rented Premises Ordinance, 1979 for summary eviction of tenant from a commercial premises on the ground that landlady who was ailing person, had attained the age of 61 years and was living with her crippled son on the top floor of the same building and they both found it inconvenient to reside at the top floor---Landlady also in his application for ejectment after describing her age, illness and physical deformities of her son stated that she needed tenement on the ground floor for her personal use and that of her son and both of them would do small business also---Pleadings of the parties showed the controversy whether need of the landlord was bona fide and some evidence was also produced on that aspect of the matter but no issue was framed as to whether relief could be invoked under S. 15 or not---Held, there was legal impediment in the way of Rent Controller to frame an issue to the-effect whether in the circumstances of the case S. 14 or S. 15 of the Ordinance was attracted