1993 CLC 175 KARACHI-HIGH-COURT-SINDH

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AMJAD KHAN VS MARIAM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15(2)(vii)---Personal bona fide need of landlord---Jurisdiction of Rent Controller to order eviction of tenant on ground of personal requirement in good faith, was dependent on his satisfaction that claim of landlord was bona fide and that such requirement was in good faith---Demand for possession of premises, must be honestly made by landlord---Honesty was a state of mind which was a psychological factor capable to prove or disprove only by evidence or conduct---Necessary for a person alleging that an action had been taken mala fide, which term was converse to bona fide, to show that landlord taking action had been motivated by any of the considerations otherwise---Landlord, in normal course, would be deemed to have satisfied his contention by leading evidence showing reasonableness of his needs and if he succeeded in doing so, the onus would shift to tenant to prove facts which militated against existence of good faith or positively established dishonesty on part of landlord--Landlord who admittedly was residing with his large family in an unauthorised `Jughi'could not be said to have any dishonest intention or motive to dispossess tenant especially when no evidence of any sort had been brought on record by tenant to show that landlord was in occupation of any other premises suitable for his use or that of his family.