1994 MLD 442 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AKHTAR KHAN VS FAHIMUDDIN 1991 CLC 2039, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---.-S.15(2)(vii)---Personal bona fide need of landlord---Landlord seeking ejectment of tenant on ground of personal bona fide need, had claimed that presently he was residing in a rented premises and, as such, had a right to shift to his own house---Landlord further claimed that his wife generally remained sick and could not bear strain of using fourth floor and that her condition was deteriorating day by day---Landlord, in his affidavit-in-evidence had stated that his wife was suffering from hypertension and blood-pressure, but nothing was available on record to suggest that landlord even had a wife, not to speak of her sickness---Name of such wife was not disclosed and she did not appear before Court to plead her requirements---Even copy of National Identity Card of wife had not been produced---Plea of landlord that presently he was living in. a rented premises, had not been taken by him in his ejectment application and its inclusion in prayer clause, was not enough---About sickness of his wife, landlord failed even to establish existence of his wife---Landlord in circumstances, had failed to establish ground of personal requirement of his wife and thus he was not entitled to seek eviction on that ground.