1991 CLC 1881 KARACHI-HIGH-COURT-SINDH

Full text

ALLAH DITTA VS MUHAMMAD SIDDIQUE Sindh Rented Premises Ordinance 1979--21 , ----Ss. 15 & 21---Personal bona fide requirement of landlord---Landlord of a property in Karachi had admitted in his evidence before Court that he was a permanent resident of Punjab where he owned landed property and his sons were married and were managing lands in Punjab---Landlord also admitted that his wife was residing in Punjab and that after his retirement from service, he had gone to Punjab and resided there---Landlord' further admission was that one of his shops having become vacant, he did not start business in that shop but rented it out---Landlord admitted to be of seventy-eight years of age and suffering from pain in joints---All such admissions showed that landlord and his family were settled in Punjab, and being a Zamindar never thought of doing business at Karachi---Landlord' plea of doing business in the shop m question had been raised mala fide with a view to obtain eviction of tenant---Landlord had not coin to Court with clean hands and he had other shops which he gifted to his sons--Landlord' assertion in his ejectment application that he owned no other shop was contradicted by his admission in Court that before present ejectment application was filed he had let out another shop which was adjacent to shop in question---Landlord' assertion about requirement of shop in question had been completely shaken in his cross-examination---Landlord's appeal against Rent Controller's decision wherein his ejectment application was dismissed, called for no interference and was dismissed in circumstances