1991 CLC 1907 KARACHI-HIGH-COURT-SINDH

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HABIB BANK LTD. VS PUBLIX INDUSTRIES Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 21---Personal bona fide requirement of landlord---Landlord had stated in ejectment application, its personal requirement of premises in question, but gave no details of such requirement---Landlord's witness having stated in his evidence factum of bona fide personal requirement, tenant failed to cross-examine such witness with regard to tremendous increase in the business of landlord/bank and personal requirement for its own use or for the use of its branches---Where some fact was deposed or stated in examination-in-chief, which was not questioned in cross-examination, presumption would be that such part of evidence was deemed to have been accepted by the party against whom that evidence had been given---Landlord had thus, made out a case for eviction of tenant on ground of bona fide personal requirement---Rent Controller's finding to the contrary was set aside and eviction of tenant was ordered.