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1991 MLD 724 KARACHI-HIGH-COURT-SINDH

Sindh · 1991

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MANZOOR HUSSAIN VS NAHEED AKHTAR 1984 CLC 3066, 1984 CLC 44, 1986 CLC 681, 1987 CLC 13, 1988 CLC 234, 1989 CLC 969, PLD 1989 SC 356, Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S.14---Ejectment of tenant on basis of retirement of landlord from service and for bona fide personal need of premises---"Prima facie need"---Proof of--Landlord retiring from service on 14-1-1979---Ordinance XVII of 1979, coming into force on 21-11-1979---Landlord filing ejectment application on 6-12-1982---Landlord in his affidavit not giving explanation for filing ejectment application so late---Effect---Although no period of limitation was prescribed for moving application under S.14, Sindh Rented Premises Ordinance, 1979, yet such inordinate delay would militate against genuine need of landlord indicating that it was arbitrary desire of landlord to have demised premises vacated by tenants--Landlord moving application under provision of S. 14 of Ordinance XVII of 1979 for eviction of tenant had to establish his prima facie need.