1994 PLD 206 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD IQBAL VS ABDUL KARIM Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Ejectment---Bona fide personal need of landlord---Landlord's plea was that he was suffering from heart ailment and found it difficult to climb stairs because of his recent heart surgery and it was inconvenient for him to live in second floor of the premises owned by his son, therefore, he needed premises in question, which was on ground floor---Landlord, although did not examine doctor under whose charge, as a patient he must have remained, yet he did prove signatures on relevant documents, establishing plea of his being a heart patient and treatment thereof---Tenant having not questioned factum of landlord's ailment or of the treatment he had undergone, it was not incumbent upon landlord to summon the medical evidence---In absence of such challenge, assertion of landlord as to his ailment, supported by documentary material remained unrebutted---Such evidence was sufficient to prove landlord's health and the treatment provided to him---Landlord was not obliged to obtain advice from a medical practitioner to the effect that he should not climb stairs--Requisite advice was inherent in a given state of health---Absence of medical advice, by itself, would not be destructive of the ground of personal requirement provided that other material was available on record to suggest that landlord's occupation of ground floor, would be more advantageous and conducive to his health, otherwise found to be sub-normal---Landlord was not required to prove his inability to climb stairs---All that landlord urged was that he found it difficult to do so and it would be more conducive to his failing health, if he was permitted to occupy ground floor in possession of tenant---Ground of personal requirement of premises having been established in circumstances, landlord was entitled to claim eviction of tenant on that ground---Such requirement of landlord was proved to be in good faith.