1994 PLD 404 KARACHI-HIGH-COURT-SINDH

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AMJAD KHAN VS MUHAMMAD YAMEEN QURESHI Sindh Rented Premises Ordinance 1979--21 , ----S. 21---Bona fide personal need of landlady---Order of eviction of tenant was based on personal requirement of premises by landlady---Order of eviction had attained finality---Execution application was filed on behalf of landlady during her lifetime for implementation of ejectment order---Landlady died during pendency of execution application---Tenants filing objection application wherein they pleaded that order of eviction had abated after death of landlady; that right to possession of premises in litigation did not survive to legal heirs of landlady- Validity- --Landlord's/landlady's need for residential purposes would be considered to be the need of the family and his/her death pending proceedings would make no difference---Personal action when culminating into a judgment, decree or order would get perfected, thus, becoming a part of the estate of deceased which. on death of landlord would come to vest in his heirs, who inherit his estate alongwith vested right to obtain actual physical possession of property---Personal need of landlady in respect of premises in question, would thus, pass on to her heirs who would be entitled to take possession of premises in execution of order of ejectment.