1993 CLC 662 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SHAHEEN VS MISS SULTAN JEHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Personal bona fide need of landlord---Affidavits-in-evidence respectively of landlady and tenant and his witness, being on the file, landlady was cross-examined while tenant and his witness having been absent consecutively on four dates of hearing for cross-examination, their affidavits in evidence were struck down and side of tenant was closed down and his eviction was ordered---Validity---Even if affidavits of tenant and his witness were taken into consideration, yet it stood proved that landlady was entitled to claim premises, on the ground of personal bona fide use---No justification was made out for remanding the case---Landlady's assertion that she did not possess any immovable property except the premises in question, could not be controverted by tenant as he failed to produce any evidence to the contrary---Where landlady had no other premises of her own and was residing with her brother/father/mother or in the rented house, she was entitled to claim possession from tenant on ground of personal bona fide need---Once it was established that landlady required premises for her personal bona fide use, tenant could not suggest her in any way, otherwise---Landlady's prerogative and not the desire of tenant would prevail in such circumstances---Eviction of tenant on ground of personal bona fide need of premises by landlady was ordered in circumstances.