1989 CLC 969 KARACHI-HIGH-COURT-SINDH

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KALSOOM BEGUM VS ELITE CONE INDUSTRIES Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 --S.14--Ejectment--Personal requirement--Landlady requiring premises for herself and her son--Landlady also had put up plea of unauthorised subletting, default and nuisance by tenant--Premises in dispute situated on ground floor and required to carry on business for earning livelihood and to establish her eldest son in business and that she had no other building in locality in her name--Landlady being widow putting up her case under S.14 of Sind Rented Premises Ordinance, 1979 and also taking several other grounds for eviction such as default, nuisance and subletting--Application under S.14 was adjudged by Rent Controller as not maintainable and dismissed on ground inter alia that landlady was in occupation of upper storey of building and was, therefore, not entitled to get benefit of S.14--Premises in question in fact required for benefit of her son to help him to establish his business but at the same time she had shown profound anxiety to get quick relief by summary procedure as contemplated under S. 14--Son of landlady appearing in Court and way in which he described need it did not appear to be need of landlady but appearing to be need of her son--Application under S.14 of Ordinance, held, was not warranted in the case and additionally for reason that landlady was already in occupation of first floor of building--Order of Rent Controller dismissing ejectment application of landlady maintained in circumstances.