1993 MLD 1823 KARACHI-HIGH-COURT-SINDH

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AZEEM BAIG VS ABDUL ANIS Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Personal bona fide need of landlord---Landlord had sought eviction of tenant from premises in dispute on ground that premises was required for his son to start his business therein---Neither it was case of tenant nor it could be proved during cross-examination of landlord or his son that landlord or his son was in possession or occupation of another premises suitable for business or they had let out any such premises when cause of action had accrued to landlord---Tenant was unable to produce any material evidence in rebuttal of landlord's case---No doubt, burden to establish good faith or bona fides was upon landlord, but same was to be inferred from circumstances of a particular case---Evidence of landlord and his son showed that they had a cause of action to institute ejectment proceedings against tenant---Nothing came out from cross-examination of landlord or his son to shake their evidence or cast doubt upon--their bona fides---Rent Controller thus rightly found that landlord had proved his- bona fide personal requirement in respect of premises.