1992 MLD 910 KARACHI-HIGH-COURT-SINDH

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HAZRAT SHAH VS MUHAMMAD HANIF Sindh Rented Premises Ordinance 1979--2 , ----Ss.2(a) & 14---Lanldord claiming to be 61 years of age, had sought eviction of tenant from premises in dispute on ground of his personal use to run a hospital on commercial and charitable basis ---Landlord admittedly was in possession of entire first floor of building where disputed premises were situated and six shops situated on ground floor of that building were also in possession of landlord---Landlord who was owner in possession of a building in locality, was not entitled to avail benefit of subsection (1) of S.14 of Ordinance according to bar contained in subsection (2) of that Section---Part of building having been treated as `building'for purpose of bar under subsection (2) of S.14 of Ordinance, 1979, landlord who was in possession of major part of building, could not seek ejectment of tenants---Plea of landlord that portion in his possession was not sufficient and suitable to cater his needs was not tenable---Unsuitability of a building, was no ground for not applying bar contained in section 14(2) of Ordinance, 1979---Contention of landlord that premises was required for purpose of running'a hospital, which was his cherished desire and he should not be denied that right merely on account of technicalities was repelled in view of the fact that emotion had no place in a judgment which had to be based on facts as presented by parties in evidence, oral or documentary and was to be recorded in accordance with law applicable to facts of that particular case.