1989 CLC 943 KARACHI-HIGH-COURT-SINDH

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ARIFA OURESHI VS ABDUL WAHEED OURESHI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--Ejectment--Personal requirement--Appreciation of evidence-Landlady living on first floor of demised premises seeking ejectment of tenant living on ground floor on plea of personal requirement for herself and her children--Landlady taking further pleas that she was a teacher and number of children who came for tuition had increased and that she was suffering from hypertension and, therefore, it was essential for her to have residence on ground floor and avoid climbing stairs--Pleas urged by landlady had been consistently taken by her in ejectment application as well as in her, affidavit in evidence and supported by witnesses whose veracity remained unshaken in their cross-examination--Landlady having four/five children between ages 13-23 and some of them college-going accommodation on first floor was quite inadequate for her needs--Landlady giving sufficient details and justification as to her requirements and there was no contradiction in her averments made in eviction application--Held, landlady had succeeded in discharging onus of issue that she required premises in question for her bona fide use and occupation.